Purna Ghasi And Another vs State Of Odisha
2022 Latest Caselaw 4601 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    CRLREV No. 999 of 2007



            Purna Ghasi and Another                     ....             Petitioners
                                                   Mr. Arijeet Mishra, Advocate
                                           -versus-
            State of Odisha                            ....        Opposite Party
                                           Mr. J. Katikia, Addl. Govt. Advocate

            CORAM:
            THE CHIEF JUSTICE
                                         ORDER

Order No. 09.09.2022

05. 1. The challenge in the present petition is to an order dated 6th July, 2007 passed by the Additional Sessions Judge (FTC), Jeypore dismissing Criminal Appeal No.103 2006 affirming the conviction of the Petitioners under Section 323 read with Section 34 IPC and also the sentence awarded to them by the trial Court by the judgment dated 14th July, 2006 namely, three months S.I. with a fine of Rs.250/- and in default to undergo SI for fifteen days.

2. PW 2 was the injured eyewitness spoke of the inflicted lathi blows above the name. However, the independent witnesses PWs 3, 4 and 5 turned hostile. The medical evidence of the doctor (PW

7) tenderness over the knee and abrasions.

3. Considering the nature of the injury and the fact that the incident is more than fifteen years old, the ends of justice would be made by only modifying the sentence to fine of Rs.1000/- each and in default to undergo S.I. for one month. The impugned order of

sentence dated 14th July, 2006 of the trial Court and 6th July, 2007 of the First Appellate Court stands modified accordingly.

4. The revision petition is disposed of. An urgent certified copy of this order be granted on proper application.

(Dr. S. Muralidhar) Chief Justice

SK Jena/Secy.