TULU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Revision filed under Sec. 401 of Cr.P.C. is directed against the judgment and order dtd. 2/8/2011 passed by the learned Sessions Judge, Nayagarh in Criminal Appeal No.11 of 2009, whereby the order of conviction and sentence passed by the learned Assistant Sessions Judge, Nayagarh in S.T. Case No.71/437 of 2003 had upheld the conviction U/s. 324 IPC, and modified the sentence.

(2.) The petitioner having convicted for offence under Sec. 307 of the IPC by the learned Assistant Sessions Judge, Nayagarh in S.T. Case No.71/437 of 2003 was sentenced to undergo R.I. for a period of three years and to pay a fine of Rs.10,000.00, in default, to further undergo R.I. for a period of six months.

(3.) Being aggrieved with the said judgment and order, the petitioner preferred Criminal Appeal No.11 of 2009 before the learned Sessions Judge, Nayagarh, who after hearing the learned counsel for the parties, modified the order of conviction from Sec. 307 of the IPC to one under Sec. 324 of the IPC and reduced the sentence to six months only vide judgment and order dtd. 2/8/2011. The petitioner has now challenged the aforementioned order of conviction and sentence by filing the present Criminal Revision.