JASOBANTA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE present Jail Criminal Appeal has a chequred history. Sessions Trial No.2 -A of 1989 from out of which the present Jail Criminal Appeal arises was initially disposed of vide judgment dated 24.8.1991 by the learned Sessions Judge, Dhenkanal, who while acquitting the appellant of the charge under Section 302, IPC, convicted the appellant under Section 304 -I, IPC and sentenced him to undergo R.I. for three years.

(2.) ACCORDING to Mrs. Padhi, learned counsel for the appellant the present appellant never preferred any appeal against the above noted judgment and sentence and rather underwent the sentence as directed. However, the informant -Hemanta Kumar Sahu (P.W.4) preferred Criminal Revision No.365 of 1991 before this Court. The said revision was disposed of on 14.1.2000 setting aside the judgment and order dated 24.8.1991 passed by the learned Sessions Judge, Dhenkanal so far as it related to acquittal of the appellant of the charge under Section 302, IPC and the matter was remitted back to the learned Sessions Judge, Dhenkanal for consideration on the point, if the offence committed by the appellant came within the purview of Section 302, IPC. This Court further directed the learned Sessions Judge to hear the prosecution and the appellant and dispose of the matter according to law by the end of April, 2000 without being influenced by any observation made by this Court in its judgment dated 14.1.2000. Accordingly, the matter was heard and impugned judgment dated 26.8.2000 was pronounced by the learned Sessions Judge, Dhenkanal holding the appellant guilty under Section 302, IPC and sentencing him to undergo imprisonment for life. The present appeal is directed against the above judgment and sentence passed by the learned Sessions Judge, Dhenkanal, Angul.

(3.) THE plea of the appellant was of complete denial.