MARKANDO PANDA Vs. RONKONIDHI PANIGRAHI

JUDGEMENT

(1.) THE seven petitioners were convicted by the Special First Class Magistrate, Aska, for an offence punishable under Section 143, Indian Penal Code, and each was sentenced to a fine of Rs. 20/ -.

(2.) THEY were tried for an offence under Section 144, Indian Penal Code, as also for offences under Sections 324 and 352, I. P. C. The Magistrate acquitted petitioners 1, 2, 3 and S who were also charged under Section 324, Indian Penal Code, of that offence as also petitioners 4, 5 and 7 of the offence under Section 352, Indian Penal Code. The Magistrate in categorical terms held that the offences under Sections 324 and 352, Indian Penal Code, were not proved. He also found that no deadly weapons were used.

(3.) MR. G. K. Misra, the learned Counsel for the petitioners contends that there is no valid charge framed against the accused for which they can be cried; that the petitioners and the complainant were in joint possession of the land measuring 22 cents, the complainant owning only 11 cents; and that the land was being used as a Khala. He contends that when the complainant was constructing a Khala, the petitioners only objected to the said construction. Consequently, according to the learned Counsel for the petitioners, they are not the aggressors.