KRIPASINDHU POTHAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the order passed by the learned Sessions Judge, Balasore affirming the conviction of the petitioners under S. 342 I. P. C. and sentencing each of them of pay a fine of Rs.100/- in default, to undergo R. I. for two weeks each.

(2.) The prosecution case in nutshell is that there was theft of a bullock belonging to petitioner Mayadhar. In order to locate the culprit he took the help of black magician (Patia bula). The black magician identified Basu Biswal as the thief. On 9-9-1973 at about 4 p. m. Mayadhar along with the petitioners and others (since acquitted) assaulted Basu Biswal to extract his confession. Basu Biswal confessed that with the help of Ranka Jena and Hadibandhu Jena, he had committed theft of the bullock. Thereafter, the petitioners and others called Ranka Jena and Hadibandhu Jena to Anandabazar M. E. School at night and assaulted them. In the following morning, the wives of Ranka Jena and Hadibandhu Jena were called to the said school and were assaulted. During night, they confined Ranka Jena, Hadibandhu Jena and one Sidha Jena inside the said M. E. School and did not allow them to go to their respective houses. In the following morning (11-9-1973), P. W. 3 Baishnaba Jena reported the incident at Dhamnagar Police Station at about 1 p. m, by lodging F. I. R. (Ext.1). The Investigating Officer (C.W. 1) arrived at the place of occurrence along with his staff and rescued the persons from wrongful confinement. After close of investigation, he submitted charge sheet against the petitioners and others (since acquitted) for offences under Ss. 147,323 and 342 I. P. C.

(3.) The petitioners denied the charges brought against them. The learned Judicial Magistrate convicted the petitioners under Ss. 323 and 342 read with S. 34, I. P. C. and sentenced each of them to undergo R. I. for two months on each count. He acquitted ten persons who stood charged along with the petitioners. The petitioners appealed before the Sessions Judge, Balasore who by the impugned judgment acquitted the petitioners of the charge under S. 323 but affirmed their conviction for the offence under S. 342, I.P.C. and instead of sentencing them to imprisonment, sentenced each of them to pay fines.