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december 2008

Supreme Court of India · 2008-12-01

STATE OF ORISSA vs SIKHAR JENA .

Citation / case number
SC 2001/5967
Court
Supreme Court of India
Petitioner
STATE OF ORISSA
Respondent
SIKHAR JENA .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court overturned the Orissa High Court's acquittal of the respondents, emphasizing that the FIR, although drawn up by the Circle Inspector, was based on credible witness accounts and established a clear case of unlawful assembly under Section 141 IPC. The Court held that the evidence presented demonstrated the respondents' involvement in a violent mob attack on police personnel, justifying the use of force in self-defense under Section 96 IPC. Consequently, the Court reinstated the convictions of the respondents, affirming the necessity of maintaining law and order in such volatile situations.

STATE OF ORISSA vs SIKHAR JENA . · Niyam