SABITRI SAMANTARAY Vs. STATE OF ODISHA

JUDGEMENT

(1.) Leave granted in Special Leave Petition (Criminal) No. 3881 of 2017.

(2.) Present appeals are directed against the judgment and order dtd. 8/11/2016 passed by the High Court of Odisha at Cuttack in Criminal Appeal No. 202 of 2015. The Appellants herein, namely Sabitri Samantaray and Bidyadhar Praharaj are wife and husband respectively. The two have been arrayed as accused no. 2 and accused no. 1 in FIR No. 120 of 2008. The Appellants herein along with their daughter (accused no. 3) had been charged with offences under Ss. 302, 201 read with Sec. 34 of the Indian Penal Code (hereafter referred to as 'IPC'). Sessions Court Jaipur, in C.T. Case No. 76 of 2010 convicted accused no. 1 and 2 for offences under Ss. 302, 201 read with Sec. 34 IPC, whereby both the appellants were sentenced to rigorous imprisonment for life and a fine of Rs.10,000.00 and further sentence of six months in case of default in payment of fine. Their daughter i.e. Accused No. 3 was convicted under Ss. 302, 109 read with Sec. 34 IPC and was sentenced to rigorous imprisonment for life and a fine of Rs.10,000.00, and further sentence of six months in case of default in payment of fine. Subsequently, the High Court vide order impugned herein acquitted the daughter of the appellants of all charges, but upheld the conviction of the Appellants. The conviction of the appellants under Sec. 302 IPC, however, was modified to conviction under Sec. 304 (II) IPC and, therefore, sentence term was reduced to rigorous imprisonment for a term of five years and a fine of Rs.10,000.00, and an additional six months of rigorous imprisonment in case of default.

(3.) The accused appellants herein were tenants of one Mayadhar Mohapana. The said landlord on 21/7/2008, lodged an FIR stating that an unknown person had attacked the accused appellants at around 7:30 PM while he was watching television in his house. The landlord stated that he had heard a loud cry from the portion of his house which was rented to the appellants, and as he rushed to inquire what had happened, he saw an unknown person assaulting the appellants with a "Kata". Consequently, the landlord cried for help, and as other people gathered around the house, he rescued the couple through an inter-connected door.