LAKSHMI SETTI Vs. STATE

JUDGEMENT

(1.) THIS is a petition by 11 accused persons against their conviction under Sections 448, 147 and 342, Indian Penal Code. At the time when this Revision came up for admission, this Court issued a rule to show cause why the sentence should not be enhanced. Accordingly, the learned counsel appearing on behalf of the accused-petitioners argued the matter as an appeal and questioned the legality of the conviction itself.

(2.) ALL the accused persons were charged under Sections 147, 448. Indian Penal Code. Accused Chachak Setti, Kalpa Mohapatra, Radhu Setti, Bhim Setti. Hadibandhu Bag. Sadhu Bag, were also charged under Section 380, whereas accused Puma Chandra Mohanty, Bhagirathi Jena. Bhagaban Patra. Panu Naik and Lakshmi Setti were charged under Section 342. Indian Penal Code.

(3.) THE prosecution case was that the complainant who is a young lady had some trouble at the time of her husband's death with regard to the removing of his corpse, when the accused persons demanded certain sums of money. On the date of occurrence, that is, on 28-1154. at about 8 O'clock in the morning, one Radhu Barik was attending to the shaving of her son when the ac-cused persons came and demanded as to why he was attending to the complainant's son in spite of their prohibition. But since he did not pay any heed to it. Radhu Barik was dragged to the house of accused Puma Chandra Mohanty and was kept confined there until 9 O'clock. The accused persona thereafter entered the house of the complainant, assaulted her and took away some clothings and her ear-rings. She was also tied and kept under wrongful confinement for sometime. She and Radhu Barik after their release from wrongful confinement went and lodged the first information at the Thana. A station diary entry was made on the information of Radhu Barik (Ext. D ). and the complainant was directed to file a complaint petition in Court. Accordingly, she filed a petition of complaint before the S. D. M. the next day.