HEMANTA CHANDRA SWAIN AND ANOTHER Vs. STATE

JUDGEMENT

(1.) Conviction of the petitioners under section 392 of the Indian Penal Code, 1860 (in short, IPC), and sentence of rigoros imprisonment for two years and fine of Rs. 2,000.00, in default to undergo rigorous imprisonment for six months ordered by the learned Subdivisional Judicial Magistrate, Deogarh (in short, the SDJM) was set aside by the learned Additional Sessions Judge, Sambalpur (in short, the appellate Judge), and instead, each of them has been convicted under section 379, IPC, and sentenced to undergo rigorous imprisonment for three months by the learned appellate Judge. They have moved this Court for interference against such conviction and sentence.

(2.) The background facts, which led to the trial of the petitioners (each one of whom is described as accused hereinafter) are essentially as follows :

(3.) The accused persons denied the allegations.