Decided on January 01,1973

Sobani Parida and 6 Ors. Appellant
Tanu Dei Respondents


S. Acharya, J. - (1.) THE Petitioners stand convicted under Sections 143 and 427, Indian Penal Code, and each of them has been sentenced to pay a fine of Rs. 50/ - on each count, in default to undergo R.I. for one month on each count.
(2.) PETITIONERS Braja and Rajiba are brothers of Sadhu (p.w. 2), all three being sons of late Rathi Patra. p.w. 2 sold his one -third share in the ancestral homestead, which was in his possession, to the husband of the complainant in January, 1967 as per ext. 1. After purchasing the same the complainant and her husband amalgamated that portion of the homestead with their own land and house on the adjoining west of the purchased portion. Thereafter a brick wall was constructed close to the Kani fence in the courtyard and the split -bamboo fence inside the house, which were in existence since long appertaining p.w. 2' s portion of the homestead from that of his brothers. Before p.w. 2 sold his portion of the homestead to the complainant 's husband; the accused persons wanted to purchase that portion of the homestead for themselves, but as the complainant 's husband succeeded in purchasing that portion of the homestead, the brothers of p.w. 2 and their supporters and henchmen bore grudge against the complainant and her husband. On 1 -5 -1967, the date of occurrence, all the accused persons, who are all related to each other, taking advantage of the absence of the complainant 's husband and son from the house, demolished the aforesaid brick wall 'constructed by the complainant and her husband. When the complainant raised protest against the high -handed and illegal action of the accused persons, accused Braja dealt a blow on her head with a brick, as a result of which the complainant sustained some bleeding injuries on her head. By the aforesaid demolition of the brick wall by the accused persons the complainant and her husband sustained a loss of about Rs. 300/ -. After the occurrence, the son of the complainant came to know a bout the incident from his mother and he lodged information about the occurrence at the Konark Police -Outpost. But the police ultimately referred the complaint to Court, and hence this complaint case. All the accused persons denied the prosecution allegations against them. Accused Sobani Parida has also taken the plea of alibi.
(3.) THE trial Court, on an on record, found that the accused appreciation of the evidence persons formed an unlawful assembly with the common object to commit mischief by damaging the brick wall constructed by the complainant, thereby causing a loss of Rs. 200/ - to Rs. 300/ - to the complainant. On this finding of fact it held the accused persons guilty under Sections 143, and 427, Indian Penal Code. It also found that accused Braja voluntarily caused hurt to the complainant by means of a brick and so he was guilty of the offence under Section 323 , Indian Penal Code.;

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