Suresh Munda vs State Of Odisha
2021 Latest Caselaw 8206 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           JCRLA No. 36 of 2016

              Suresh Munda                     ....        Appellant

                                 Mr. Sangram Keshari Rout,
                                 Advocate

                                    -versus-
              State of Odisha                  ....        Respondent

                                 Mr. J.P. Patra,
                                 Addl. Standing Counsel
                                   CORAM:

                             JUSTICE S.K. SAHOO
                                   ORDER

Order No. 05.08.2021

04. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

Heard learned counsel for the appellant and learned Additional Standing Counsel for the State.

Hearing is concluded and the judgment dictated in open Court vide separate sheets.

The appeal is allowed in part and the conviction of the appellant of the charge under section 307 of the Indian Penal Code and the sentence to undergo R.I. for ten years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to undergo R.I. for one year is altered to one under section 324 of the Indian Penal Code and he is sentenced to undergo R.I. for two years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to // 2 //

undergo R.I. for two months and for conviction of the appellant of the charge under section 452 of the Indian Penal Code, sentence imposed by the learned trial Court to undergo R.I. for five years is reduced to R.I. for two years and payment of fine of Rs.5,000/- (rupees five thousand), in default, to undergo R.I. for two months imposed for the said offence remains unaltered and both the sentences have been directed to run concurrently.

Since the appellant has already remained in judicial custody for seven years and nine months, he be set at liberty forthwith, if his detention is not required in any other case.

RKM                                    ( S.K. Sahoo)
                                          Judge