NARAYAN CHANDRA NAIK Vs. SURJYA GOMANGO

JUDGEMENT

(1.) These two cases are taken up together since they are inter-linked.

(2.) These cases have been filed by Narayan Chandra Naik, son of Dipan Chandra Naik (hereinafter referred to as 'informant') who died after institution of the proceedings. Revision is filed questioning correctness of the judgement of acquittal passed in appeal by learned 1st Additional Sessions Judge, Ganjam, Berhampur holding that the conviction and sentence passed by the learned Judicial Magistrate, First Class, Parlakhemundi (in short, 'JMFC') was not sustainable. Appeal is under Section 454 of the Code of Criminal Procedure, 1973 (in short, 'the Code') wherein correctness of the direction given by the appellate Court for return of the seized paddy crops to the persons from whom seized is under challenge.

(3.) Respondents (in appeal) and opposite parties (in revision) 1 to 8 faced trial for the alleged commission of offence punishable under Section 444/379 read with S. 34 of the Indian Penal Code, 1860 (in short, the IPC).