STATE OF ORISSA Vs. SATYANANDA BADHEI & ORS.

JUDGEMENT

(1.) The State has filed this appeal for enhancement of sentence imposed upon the respondents having been found guilty for commission of offence under section 307 of IPC. By the said order these respondents have been directed to undergo rigorous imprisonment for a period of three years and six months with the usual benefit of set off.

(2.) Learned counsel for the State submits that in a case of such nature, where respondents have been found to have committed offence under section 307 of IPC, the sentence is highly inappropriate and that according to her does not fit in with the nature and gravity of the offence even though the factum of enmity is found out. So, she urges that it is a fit case for enhancement of sentence. According to her, in view of the quantum of sentence which is on a lower side, there has been failure of justice.

(3.) Learned counsel for the respondents submits that after lapse of two decades now, at this distance of time it would be rather causing injustice by enhancement of sentence. According to him, if the factual setting of the case is seen, the sentence imposed cannot be said to be so low as to shock the conscience. Therefore, he urges that the appeal bears no merit.