KANDRA SABAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE accused in S.C. No. 104 of 1993 of the Court of Addl. Sessions Judge. Jeypore under Section 302. IPC has challenged the order of conviction and sentence directing him to undergo imprisonment for life.

(2.) THE prosecution case as narrated in the FIR is as follows:

(3.) IN the result, the appeal is partly allowed, and accordingly, we modify the conviction and sentence from one under Section 302. IPC and under Section 25(1)(a) of the Arms Act to Section 304 -A. IPC and Section 25(1)(a) of the Arms Act. Since the Appellant has already undergone sentence of more than two years, he be set at liberty forthwith.