CHHOTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Appeal is preferred by the convict Chhota @ Gouranga Behera and Madan Behera jointly questioning the judgment and order dtd. 18/4/1996 passed by the learned Additional Sessions Judge, Jajpur in Sessions Trial No. 59/4 of 1995, whereby the appellants are convicted for offence punishable under Sec. 436 of IPC and on that count each of them were sentenced to undergo R.I. for two years.

(2.) Heard Ms. Sartika Das, learned counsel for the appellant and Ms. Shiva Mohanty, learned Additional Standing Counsel for the State.

(3.) The prosecution case, in brief, is that the accused persons have got previous enmity with the family of the informant (P.W.1) and P.W.5 (Khageswar Behera). On 14/12/1992 noon, the accused Subodh and Madan made some filthy comments to the wife of the nephew of the informant. The informant made objection to such misbehaviours. Thereafter, the accused persons had given threats for setting their house on fire. At 2.00 P.M. on that day, the accused persons set fire to their house and subsequently they pelted stones at them.