Rameswar Rana And Another vs State Of Odisha
2022 Latest Caselaw 4589 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLREV No.131 of 2006


            Rameswar Rana and another                 ....            Petitioners
                                                     Mr. S. K. Joshi, Advocate

                                         -versus-
            State of Odisha                           ...         Opposite Party
                                                           Mr. J. Katikia, AGA

            CORAM:
            THE CHIEF JUSTICE


                                        ORDER

Order No. 09.09.2022

05. 1. The challenge in this petition is to an order dated 1st February, 2006 passed by the leaned Additional District Judge, Nuapada (ADJ) in CRLA No.23 of 2003 whereby while upholding the conviction awarded by the SDJM, Nuapada by the judgment dated 21st October, 2003 in G.R. Case No.9 of 2002, the order of conviction was modified from under Section 325 read with Section 34 IPC to under Section 323 read with Section 34 IPC.

2. Having heard leaned counsel for the parties and having perused the impugned orders of the trial Court as well as the First Appellate Court, the Court is not persuaded that any error has been committed by the First Appellate Court in modifying the conviction to one Section 323/34 IPC.

3. As far as the sentence is concerned, it is seen that the SDJM had while convicting the Petitioners for the offence punishable under Section 325 read with Section 34 IPC sentenced each of the

Petitioners to simple imprisonment (SI) for 6 months with fine of Rs.1,000/- each and in default to undergo SI for 3 months. On the other hand, the learned ADJ in appeal while modifying the conviction to one under Section 323/34 IPC, was silent as regards the sentence. Having considered the impugned orders, and the submissions made, this Court while maintaining the conviction of the Petitioners for the offence under Section 323/34 IPC sentences them to fine of Rs. 1000/ each and in default to undergo SI for 3 months.

4. The bail bonds furnished shall stand discharged upon the Petitioners paying the fine amount. The petition is disposed of in the above terms. A copy of this order be communicated to the concerned trial court forthwith.

(Dr. S. Muralidhar) Chief Justice

M. Panda