PRADEEP KUMAR NATH Vs. STATE OF ODISHA

JUDGEMENT

(1.) Instant appeal under Sec. 374(2) Cr.P.C. is at the behest of the above named Appellants assailing the legality and judicial propriety of the impugned judgment dtd. 13/3/2001 passed in S.T. Case No.334 of 1999 by the learned Sessions Judge, Sambalpur for having found both guilty for an offence punishable under Sec. 302 read with 34 IPC and convicted and sentenced them thereunder on the grounds inter alia that it is contrary to law and against the weight of evidence on record and therefore, deserves to be set aside.

(2.) For the alleged occurrence dtd. 12/5/1999, an FIR was lodged alleging therein that Appellant No.1 assaulted the deceased by means of a knife along with Appellant No.2. The circumstances under which it all happened stood described in the FIR. The informant is the husband of the victim. After FIR was lodged, Sason P.S. Case No.43 was registered under Sec. (s) 302, 324 and 323 read with 34 IPC which corresponds to G.R. Case No.613 of 1999. On completion of investigation, the Appellants were charge sheeted under Sec. (s) 302 and 323 read with 34 IPC for them to stand trial in the court of law. After the case was committed, the learned court below framed the charges and conducted trial. The prosecution in support of its case adduced evidence. But, no evidence was led by the Appellants. The statements of the Appellants were recorded under Sec. 313 Cr.P.C. Thereafter, the learned court below, considering the evidence and hearing both the sides, passed the order of conviction and sentence dtd. 13/3/2001. As stated earlier, the Appellants were convicted and sentenced under Sec. 302 read with 34 IPC, however, both stood acquitted for the other offence. The learned court below directed the Appellants to undergo imprisonment for life under Sec. 302 read with 34 IPC and to pay a fine of Rs.1000.00 each with a default sentence of R.I. of one month each.

(3.) Heard Ms. Deepali Mohapatra, learned counsel for the Appellants and Mr. J. Katikia, learned AGA for the State.