KALU PATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellants, by filing this Appeal, have called in question the judgment of conviction and order of sentence dtd. 2/2/2001 passed by the learned Additional Sessions Judge, Titlagarh in Sessions Case No.49(B)/19 of 2000 arising out of G.R. Case No.270 of 1999 pending on the file of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Titlagarh.

(2.) Learned counsel for the Appellants (accused), from the very beginning, instead of questioning the finding of guilt against these accused persons, as has been returned by the Trial Court, confined his submission only on the question of sentence. He submitted that taking into account the age of the Appellants (accused persons) and the rural background from which they hail, as they do not have permanent and maintaining their family, since they have already faced the mental agony of the criminal trial for about twenty-five (25) years, the sentence of imprisonment, as has been awarded, stands too harsh. He, therefore, submitted that it is a fit case that at this distance of time, keeping in view all the relevant factors and taking those into account, the sentence be appropriately modified to imposition of fine as deemed just and proper.

(3.) Learned Additional Standing Counsel for the Respondent-State, while submitting that for the offences under Sec. 506/448/427 of the IPC for which the conviction has been recorded against these Appellants (accused persons) are punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both; with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both; and with imprisonment of either description for a term which may extend to two years, or with fine, or with both respectively, contended that the sentences, as has been awarded by the Trial Court commensurate the offences committed under that circumstance.