STATE OF ORISSA Vs. CHITTARANJAN PANDA AND OTHERS

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 17.09.1997 passed by the learned Additional Sessions Judge, Jajpur in Criminal Appeal No. 24 of 1995 acquitting the present respondents of the offence under Sections- 307/34 IPC and convicting respondents 1 and 2 for the offences under Sections- 324/34 IPC and in releasing them under the provisions of Section- 4 of the Probation of Offenders Act.

(2.) The State filed leave application for grant of leave to prefer appeal against all the respondents, as it proposed to challenge the appellate judgment so far as modification of the judgment of conviction, release of respondents 1 and 2 under the provisions of Section- 4 of the Probation of Offenders Act and acquittal of respondent No. 3 is concerned.

(3.) This Court granted leave to appeal so far as respondents 2 and 3 are concerned. Leave was, however, refused so far as respondent No. 1 is concerned, as he was a boy of tender age, allegation was there to the effect that he used a lathi in the entire transaction and he being a fist offender, he had rightly been released under the provisions of Section- 4 of the P.O. Act.