JATINDRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) This appeal is directed against the judgment and order dtd. 24/2/2005 passed by learned Adhoc Additional Sessions Judge, FTC, Champua in S.T. Case No.91/54 of 2004 arising out of G.R. Case No.229 of 2003 corresponding to Joda P.S. Case No.90 of 2003 wherein the four accused persons having faced trial in the charge under Sec. 396 of the Indian Penal Code (hereinafter called "the IPC") found guilty, convicted thereunder and sentenced to undergo rigorous imprisonment for life.

(3.) While all the four accused persons being Appellants preferred the present JCRLA, Appellant No.1, namely, Jatindra @ Bui Patra and Appellant No.4, namely Dukhabandhu Patra expired in the meantime. The appeal, therefore, is in respect of Appellant Nos.2 and 3, namely, Kuni Das @ Patra and Kapila Patra respectively. During course of trial, for the absence of Appellant Kuni Das @ Patra, her case was split up and S.T. Case No.96/88 of 2004 was numbered against split up record. All the four Appellants, however, faced the charge on 29/9/2004. While Appellants Jatindra @ Bui Patra, Kapila Patra and Dukhabandhu Patra faced the charge in S.T. Case No.91/54 of 2004, Appellant Kuni Das faced the charge on the same day in S.T. Case No.96/88 of 2004. Both the above referred sessions trial cases having tried together, disposed of by the common judgment as referred to above in S.T. Case No.91/54 of 2004 as impugned herein.