JCRLA/34/2009
2021 Latest Caselaw 3175 Ori

                                             JCRLA No.34 of 2009




       03.   03.03.2021             This matter is taken up through Hybrid mode.
                                    Hearing is concluded and judgment is dictated in
                          separate sheets.
                                    Hence, the conviction of the appellant under Section
                          302 of the Penal Code recorded by the learned Sessions Judge,
                          Sambalpur and sentence to undergo imprisonment for life is
                          hereby set aside. Instead, the appellant is convicted for the offence
                          under Section 304, Part-I of the Penal Code. It is borne out from
                          the record that the petitioner is in custody since March 2008 and
                          in the meantime, he has already undergone about 13 years of
                          imprisonment. In our considered opinion the punishment of
                          period already undergone for offence under Section 304, Par-I of
                          the Penal Code shall subserve the interest of justice. Hence, he is
                          sentenced to undergo imprisonment for the period already
                          undergone. No separate sentence of fine is imposed, as the
                          petitioner is a member of the scheduled tribe category and belongs
                          to humble walks of life. He was also not able to engage a counsel
                          of his choice, and therefore, State Defence Counsel was engaged to
                          defend him before the learned trial court. He preferred appeal from
                          jail and Amicus Curiae was appointed to argue the appeal in this
                          Court. Hence, we are not inclined to impose any fine. Since he has
                          already undergone the sentence imposed, the appellant be set at
                          liberty forthwith, unless his detention is required in any other
                          case.
                                    Urgent certified copy of this order be granted as per
                          rules.
TUDU

                                                                     .............................
                                                                      S. K. Mishra, J.

................................ Savitri Ratho, J.