KUSIA ALIAS KRUSHNA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal by twelve appellants named above is directed against the judgment dated 17.9.1988 passed by the learned IInd Additional Sessions Judge, Cuttack convicting appellants Kusia @ Krushna Sahu, Dharani Panda, Dibakar Panda, Rusia Sahu, Madhab Sahu and Subash Sahu, Chandra Sekhar Das @ Bhalu and Panu Sahu under Sees. 148, 379/149 and 324/149, IPC and sentencing each of them to undergo R.I. for one year and convicting appellants Manguli Pradhan, Kina Rout, Nimai Roul and Gopal Samal under Sees. 379/149 and 324/149, IPC and sentencing each of them to undergo R.I. for one year.

(2.) Learned counsel for both sides have taken me through the evidence on record.

(3.) After considering the evidence on record, I am satisfied that the conviction of the appellants was justified and therefore, it does not call for any interference therewith. Further, the alleged occurrence took place way back in 1985 and since then two decades' time has elapsed. This appeal was filed in this Court in 1988 and since then the matter is pending. This Court could not be able to hear and dispose of the same within a reasonable time since the appeal was filed. Therefore the appellants are not at fault for this inordinate delay in disposing of the appeal within a reasonable period of time. The case pertains to alleged theft of paddy from the paddy field. For these reasons, I am of the view that award of sentence of fine of Rs. 1000/-(Rupees fifteen hundred) upon each of the appellants for all the convictions together will meet the ends of justice. Accordingly, while maintaining the conviction of the appellants, I modify the sentence and direct each of the appellants to pay fine of Rs. 1000/- within two months from today.