SURENDRA NATH MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are filed against the judgment and order dated 5-9-1997 and 10-11-1997 passed by the High Court of Orissa at Cuttack in Criminal Revision No. 436 of 1994 and Miscellaneous Case No. 521 of 1997 whereby the revision petition against the conviction order and the application for correction, alteration and fore compounding the offence filed by the appellants were rejected.

(3.) The appellants were convicted and sentenced under sections 307, 326, 325, 324 and 323 read with section 34 I.P.C. and sentenced to 5 years 'R.I. and a fine of Rs. 200 in default of payment of which to undergo R.I. for one month. That order was challenged before the High Court by filing Criminal Revision No. 436 of 1994. After considering the entire evidence on record, the Court held that from the nature and extent of the injuries sustained by the injured and also from the manner in which the car struck against the injured, it was difficult to come to a conclusion that the intention of the accused was to kill the injured and, therefore, it would be hazardous to uphold their conviction under section 307, I.P.C. After considering the injuries caused to the witness, the High Court altered the conviction of the appellants under sections 326,325,324 and 323 read with section 34 I.P.C. and having regard to the facts and circumstances of the case and the affidavit of the witness produced on record, the Court imposed sentence of six months' R.I. and a fine of Rs 1000 in default of payment of which to undergo R.I. for a further three months for the offence under section 326 I.P.C. and no separate sentence was imposed on the other counts of offences. Against that order, these appeals are filed by special leave.