GANGADHAR JENA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioners, 2 in number, were charged for offences under Sections 457, 380 and 323, Indian Penal Code. A common charge has been framed against all of them to the following effect:

(2.) THE trial Court convicted all the three accused persons for all the 3 offences and sentenced each of them to R.I. for six months and to pay a fine of Rs. 100/ - with a default sentence of 15 days each under Section 457, Indian Penal Code and to pay a fine of Rs. 100/ -, in default, simple imprisonment for 20 days under Section 323, Indian Penal Code. No separate sentence was imposed under Section 380, Indian Penal Code.

(3.) THIS revision directed against the appellate decision calls in question the propriety of there conviction under Section 457 Indian Penal Code when the conviction on the other two count has been set aside.