MATKA ALIAS NARANGA MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal arises out of the impugned judgment and order dated 30.9.2013 passed by the Sessions Judge, Keonjhar in Sessions Trial Case No.110 of 2010, State vs. Matka @ Naranga Munda, under Section 302 I.P.C. by which learned trial Judge, after vetting through the evidences tendered before it, concluded that the prosecution has not been able to establish charge of murder against the appellant but has successfully anointed his guilty for offence under Section 304 -A I.P.C and, therefore, has convicted him for the said crime, but very surreally and illegally, dehors the penal section, has sentenced him to imprisonment for life with a fine of Rs.5,000/ -(rupees five thousand) with further direction to undergo R.I for two years, in default of payment of fine. He has further ordered that the period as an under trial prisoner be set off.

(2.) WHEN the appeal came for admission, we noticed above ex facie incurable illegality and our examination of impugned judgment made it manifest that all is not well with the impugned decision. We, therefore, called for an explanation from the learned trial Judge, while, at the same time, also directing to requisition the trial court record. Learned trial Judge has furnished his explanation and we have perused it. Trial court record was also produced before us.

(3.) FROM the mistakes narrated above and scrutiny of record reveled that our apprehension had come true. There are oxymoron findings recorded, some of the findings are interdicting the ultimate conclusions recorded, sentence is not commensurate nor is legal, it is and probably could not have been a case u/s 304 -A, I.P.C.