BIRO SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a revision by ten petitioners whose conviction and sentence under section 294, I. P. C. , as passed by Sri D. Naik, Magistrate, 1st Class (Judicial), aska has been upheld by the learned Sessions Judge, Ganjam by his judgment dated 12-9-1966 passed in Criminal Appeal No. 10 of 1966 (G ).

(2.) THE prosecution case in short is that the complainant on the date of occurrence had another criminal case before the First Class Magistrate, Aska against the accused persons, and after the adjournment of the said case to another date he came away from the Court and was taking rest under a banian tree near the Grain gola of Aska. It is alleged that the accused persons while returning by that way, abused the complainant in filthy language and threatened to assault him, when they saw him sitting under the banian tree. Some persons who were passing on the road nearby intervened and saved the complainant from being assaulted by the accused persons.

(3.) THE petitioners in their defence stated that the complainant has foisted this false case against them due to previous enmity.