KITU Vs. STATE OF ODISHA

JUDGEMENT

(1.) The instant appeal has been filed by the Appellants challenging the legality and propriety of the Judgment dtd.9/1/2003 so passed by the learned Ad hoc Addl. District & Sessions Judge, FTC Court No. II, Puri in S.T. Case No. 34/102 of 2002-2000. Vide the impugned Judgment the Appellants have been convicted and sentenced to undergo R.I. for 3 years for the offence under Sec. 306 of the Indian Penal Code and to pay fine of Rs.5,000.00, in default to undergo R.I. for one year.

(2.) Learned counsel appearing for the Appellants contended that on the death of the deceased on 18/6/1995 and basing on the report submitted on 19/6/1995, Sea Beach, Puri U.D. Case No. 9 of 1995 was registered. Basing on the report submitted in the U.D. Case on 4/7/1995, Sea Beach P.S. Case No. 73 of 1995 corresponding to G.R. Case No. 852 of 1995 was registered for the alleged offence under Sec. 306 & 34 of the I.P.C..

(3.) Mr. P.K. Panda, learned Addl. Standing Counsel on the other hand made his submission while supporting the impugned order of conviction and sentence. Learned Addl. Standing Counsel contended that since the suicidal note so made by the deceased vide Ext. 7, was duly proved by the handwriting expert in his report under Ext. 2 and as per the medical report, the case is of a suicidal hanging, taking into account such proof of the suicidal note vide Ext. 7, the Appellants have been duly convicted and sentenced vide impugned judgment dtd.9/1/2003, having abated the suicide.