Saroj Kantiali vs State Of Odisha
2024 Latest Caselaw 186 Ori

Orissa High Court

Saroj Kantiali vs State Of Odisha on 4 January, 2024

Author: S.K. Sahoo

Bench: S.K. Sahoo

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          JCRLA No.125 of 2023

              Saroj Kantiali                      ....      Appellant



                                       -versus-

              State of Odisha                     ....    Respondent

                                 Mr. Arupananda Das
                                 Addl. Govt. Advocate

                                 CORAM:
                            JUSTICE S.K. SAHOO
                                   ORDER

Order No.                        04.01.2024

   01.           This   matter    is    taken     up   through   Hybrid

arrangement (video conferencing/physical mode).

The JCRLA has been filed by the appellant Saroj Kantiali challenging the impugned judgment and order dated 01.08.2022 passed by the learned Assistant Sessions Judge, Kuchinda in S.T. Case No.53/2 of 2021-22 in convicting the appellant under sections 307/306 of the I.P.C. and sentenced him to undergo R.I. for a period of seven years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo R.I. for a further period of three months for the offence under section 307 of the I.P.C. and to undergo R.I. for a period of five years and to pay a fine of Rs.3,000/- (rupees three thousand), in default, to undergo R.I. for a further period of two months for // 2 //

the offence under section 326 of the I.P.C. and both the sentences were directed to run concurrently.

The Stamp Reporter has pointed out that the appeal is not maintainable before this Court as it arises against a sentence of seven years imposed by the learned trial Court.

Section 374(2) of Cr.P.C. states that any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial, may appeal to this Court.

Since the sentence passed by the learned trial Court is for seven years and he is the sole accused in this case, I am of the view that the Stamp Reporter has rightly pointed out that the appeal is not maintainable before this Court.

On my query, it is informed by the learned Registrar (Judicial) that against the learned trial Court's judgment in such type of cases where punishment imposed is either for seven years or less, appeal lies to the Addl. Sessions Judge, Kuchinda In view of such state of affairs, this case be transferred to the concerned Court.

                                                         ( S.K. Sahoo)
                                                             Judge
sipun             Signature Not Verified
                  Digitally Signed
                  Signed by: SIPUN BEHERA

Designation: Junior Stenographer

Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-Jan-2024 12:33:46