JAGABANDHU SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment of conviction and order of sentence dated 5.2.1992 passed by learned Additional Sessions Judge, Jajpur vide which the appellants were convicted and sentenced them to undergo as under, SL No. Name of the appellant(s) Under Sections Sentence 01. Jagabandhu Swain and others 307/149, I.P.C. All the accused persons were sentenced to undergo R.I.for five years and to pay a fine of Rs.500/each. In default thereof, they were further sentenced to undergo R.I for two months

(2.) THE learned counsel appearing for the appellants, at the very outset, has contended that he does not challenge the conviction of the appellants on merits and confines his arguments only on the point of quantum of sentence. He further submits that a case under the said sections was registered against the appellants in the year 1987 and the appellants have been facing mental agony of the trial and a sword of conviction has been persistently hanging over their head since then. He, therefore, prays that a lenient view be taken against the appellants. He has further submitted that keeping in view the facts and mitigating circumstances of the appellants, as also the fact that they are poor persons, some leniency be shown against the appellants in the matter of sentence.