Orissa High Court
Sri Sudarshan Bhoi vs State Of Orissa on 21 June, 2024
Author: D.Dash
Bench: D.Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.238 of 2003
In the matter of an Appeal under Section 374 of the Code of
Criminal Procedure, 1973 and from the judgment of conviction
and order of sentence dated 23.07.2003 passed by the learned 1st
Adhoc Additional Sessions Judge, Puri, in Sessions Trial Case
No.72/61/91 of 2002-1999.
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Sri Sudarshan Bhoi .... Appellant
-versus-
State of Orissa .... Respondent
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Appellant - Mr. Bhanu Prakash Mishra,
Advocate
For Respondent - Mr. P. K. Mohanty,
Additional Standing Counsel
CORAM
MR. JUSTICE D.DASH
Date of Hearing :20.05.2024 : Date of Judgment : 21.06.2024
D.Dash,J. The Appellant, by filing this Appeal, has
assailed the judgment of conviction and order of sentence
23.07.2003, passed by the learned 1st Ad-hoc Additional Sessions
Judge, Puri, in Sessions Trial Case No.72/61/91 of 2002-1999,
arising out of. G.R Case No.328 of 1998, corresponding to
Satyabadi P.S. Case No.28 of 1999, of the Court of learned Sub
Divisional Judicial Magistrate, Puri.
This accused faced the trial standing charged for
commission of offence under section 307/506/509 of the Indian
Penal Code, 1860 (for short, 'the IPC').
The Trial Court on examination of the evidence let in by the
prosecution and their evaluation, has acquitted the accused of the
charge under section 307/506 of the IPC; however, the accused
has been held guilty for commission of offence under section
324/509 of the IPC. Accordingly, he has been sentenced to
rigorous imprisonment for a period of one year for the offence
under section 324 of the IPC and pay fine of Rs.1000/- for the
offence under section 509 of the IPC with the default stipulation.
2. Learned counsel for the Appellant (accused) from the
beginning instead of attacking the finding of guilt as against the
accused as has been returned by the Trial Court holding the
accused guilty for commission of offence under section 324/509 of
the IPC, confined his submission only on the question of
sentence. According to him, the Appellant, who has undergone
the mental agony of criminal trial for about 25 years and having
faced the trial being aged about 25 years has now attained 46
years of age; taking into account the rural background from
which he hails as there was no such prior planning at his instance
behind the incident and the accused had no criminal antecedent,
he having remained in custody for about 25 days, at this distance
of time, the sentence of imprisonment for the offences already
undergone would meet the ends of justice.
3. Learned Counsel for the Respondent-State submitted that
the sentence imposed by the Trial Court commensurate the
offence.
4. Keeping in view the submissions made, I have carefully
read the impugned judgment of conviction and order of sentence
which have been impugned in this Appeal. I have also gone
through the depositions of P.W.1 to P.W.9 as also the documents
which have been admitted in evidence and marked Ext.1 to
Ext.5/1.
5. It reveals from record that the present age of the accused
who hails from rural background, is about 46 years. The incident
dates back to 27.02.1999. No material has been placed to show
that the accused had any criminal antecedent nor it is stated that
the accused during the period has indulged himself in any
criminal activity. It is stated that the accused live on cultivation
and he maintains his family by earning from that source.
Furthermore, he has undergone the mental agony of a criminal
trial for about 25 years.
6. Taking into account all these above factors at this distance
of time, this Court is of the considered view that for the
commission of the offence 324/509 of the IPC, if he is sentenced to
the imprisonment for the period already undergone, that would
serve and meet the ends of justice.
7. In the result, the Appeal is allowed in part with the
modification of the sentence to the extent as indicated above.
(D. Dash),
Judge.
Gitanjali
Designation: Junior Stenographer
Location: HIGH COURT OF ORISSA : CUTTACK
Date: 27-Jun-2024 12:28:33
