GURU MUDULI Vs. STATE OF ORISSA

JUDGEMENT

(1.) As both the Jail Criminal Appeals arise out of the same transaction, they are taken up together for disposal by this common judgment.

(2.) Learned trial court in Sessions Case No.362 of 1999 (hereinafter referred to as 'first trial' for convenience) found the present appellant Guru Muduli @ Paraja and one Kuma Muduli @ Paraja guilty of the offence under Section 302/34, I.P.C. and sentenced each of them to suffer imprisonment for life and to pay fine of Rs. 5,000/- (five thousand) each, in default, to suffer R.I. for one year more. They preferred Jail Criminal Appeal No.78 of 2003.

(3.) In course of hearing of the aforesaid Jail Criminal Appeal, a report was received from the Sessions Judge, Koraput (Trial Judge) to the effect that Kuma Muduli @ Paraja, who was tried, convicted and suffering sentence in S.C. No.362 of 1999 ('first trial') is actually Hari Muduli (brother of Kuma Muduli) and not Kuma Muduli @ Paraja. On consideration of the report of learned Trial Judge and the Superintendent of Police, Koraput, this Court was satisfied that a wrong person, i.e. Hari Muduli is suffering sentence in place of Kuma Muduli @ Paraja (the real culprit) by impersonating said Kuma Muduli. Accordingly, this Court kept the Jail Criminal Appeal No.78 of 2003 pending so far as Guru Muduli @ Paraja is concerned and acquitted Hari Muduli, who was suffering sentence as Kuma Muduli. This Court also directed the trial of the real accused Kuma Muduli @ Paraja.