STATE OF ODISHA Vs. BANI

JUDGEMENT

(1.) For the reasons stated, the application is allowed. Accordingly, the delay in filing the CRLLP is condoned CRLLP No.99 of 2011

(2.) The State seeks leave to appeal against the judgment dtd. 5/3/2011 passed by the Ad-hoc Additional Sessions Judge, Puri in S.T. Case No. 44/158 of 2005, S.T. Case No. 45/221 of 2006 and S.T. Case No. 46/131 of 2007. By the impugned common judgment, the trial Court convicted the 76 accused for the offences under Sec. 304 Part II of IPC and sentenced them to undergo Rigorous Imprisonment (R.I.) for seven years and to pay a fine of Rs.2,000.00 and in default to undergo R.I. for two months. The trial Court also convicted the Opposite Party accused for the offence under Sec. 147 of the IPC for which they were sentenced to R.I. for one year and pay a fine of Rs.1,000.00 in default to undergo R.I. for one month.

(3.) The State seeks leave to appeal only to the extent that the accused have been held not guilty of the offence punishable under Sec. 302 read with Sec. 149 IPC.