KUNA @ SANJAYA BEHERA Vs. THE STATE OF ODISHA

JUDGEMENT

(1.) The appellant, successively convicted by both the courts below along with one Pravati Behera under Sec. 302 of the Indian Penal Code, 1860 (for Short, hereinafter to be referred to as "IPC/Code") along with Sec. 34 of the Code is in appeal seeking remedial intervention.

(2.) Whereas the Trial Court by the judgment and order dated 26.1.2001, as stated hereinbefore, convicted the appellant and the co-accused Pravati Behera, the High Court by the verdict impugned, though has affirmed the conviction of both, had left the co-accused at liberty to move an application for premature release from the jail and for appropriate orders under Sections 433 and 433-A of the Code of Criminal Procedure, 1973 (for short, hereinafter to be referred to as "Cr.P.C."). Noticeably, the appellant and co-accused had been charged along with Sec. 302 Penal Code for the offence under Sec. 203 as well but were acquitted thereof by the Trial Court. Though an appeal was preferred by the State against such acquittal, the High Court has affirmed their exoneration as well.

(3.) We have heard Mr. Krishnan Venugopal, learned senior counsel for the appellant and Mr. Shibashish Misra for the respondent.