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.