PADMA CHARAN DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner is in revision against the appellate judgment confirming the conviction of the petitioner for the offence under Sec. 307 IPC.

(2.) The petitioner and his parents Kanduru and Birata were tried for the offences under Sec. 324/34 and 307/34 IPC, in the Court of the Assistant Sessions Judge, Dhenkanal. The trial Court acquitted Kanduru and Birata but convicted the petitioner for the offences under Sec. 324 and, 307 Penal Code and sentenced him to undergo rigorous imprisonment tor six months and five years respectively, in appeal the conviction and sentence for the offence under Sec. 324 Penal Code has been set aside and while maintaining the conviction of the petitioner for the offence under Sec. 307 IPC. the sentence has been reduced to rigorous imprisonment for three years. Hence the revision.

(3.) Arakhita, Aparti (P. W. 9) and Kanduri are three borthers, Colaprabha (P. W. 1) is the widow of Arakhita, Sukanti (since dead) was the wife of Aparti, Kanduri and Birata are the father and mother of the petitioner.