RAMACHANDRA MADKAMI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction made by the Assistant Sessions Judge of Jeypore of the Appellant under Sections 120 -B, 399 and 505(b) and (c) of the Indian Penal Code and Section 4 of the Explosive Substances Act of 1908 imposing various sentences of imprisonment and fine with a direction that the substantive sentences of imprisonment would run concurrently.

(2.) PROSECUTION alleged that the Appellant was one of a gang committing the aforesaid offences. He turned on approved to whom pardon had been given under Section 337 of the Code of Criminal Procedure. In the trial of the other accused persons, it was alleged that the Appellant will fully concealed the essential evidence and gave false evidence thus not complying with the conditions with which the tender was made. Accordingly he was prosecuted as provided under Section 339 of the Code of Criminal Procedure upon the certificate of the Public Prosecutor.

(3.) 44 witnesses for the prosecution were examined and none was examined on the side of the defence. The learned Trial Judge accepted the prosecution case and convicted the Appellant under Sections 120 -B, 399 and 505 of the Indian Penal Code. He was sentenced to rigorous imprisonment for two years on the first count; rigorous imprisonment for five years and a fine of Rs. 50/ - with a defiant sentence of five months ' rigorous imprisonment under Section 399 of the Indian Penal Code and two years ' rigorous imprisonment under Section 505(b) and (c) of the Indian Penal Code. He was also convicted under Section 4 of the Explosive Substances Act of 1908 and was sentenced to five years ' rigorous imprisonment.