PABITRA MOHAN BAGH Vs. STATE

JUDGEMENT

(1.) BOTH the appeals arise out of the same judgment and order ofsentence dated 15.02.1997 passed by learned Addl. Sessions Judge,Sambalpur in S.T. Case No. 198/8 of 1995 -96. Out of the three accusedpersons, accused Tikeswar Balua being a juvenile, accused Pabitra MohanINDIAN LAW REPORTS, CUTTACK SERIES [2010]Bagh and his mother accused Sakuntala Bag were tried by the learned Addl. Sessions Judge, Sambalpur in the aforesaid session's trial. Learned TrialCourt acquitted accused Sakuntala Bagh of the charge and convictedaccused Pabitra Mohan Bagh for the offence under Section 304, Part -I, I.P.C. and sentenced him to suffer R.I. for five years and to pay fine of Rs. 2,000/ -(two thousand), in default to suffer further R.I. for one year.

(2.) GOVERNMENT has preferred appeal assailing the judgment of acquittal in respect of accused Sakuntala Bagh and conviction of accused Pabitra Mohan Bagh under Section 304, Part -I, I.P.C. instead of his conviction under Section 302, I.P.C. Convict Pabitra Mohan Bagh has preferred appeal assailing his conviction under Section 304, Part -I, I.P.C. and the consequent sentence recorded thereunder.

(3.) A compendium of the prosecution case is as follows: