ROHITA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Mr. D. Pattanaik, learned counsel files power on behalf of the petitioner Rohita Naik and Mr. P. Behera, learned counsel files power on behalf of the victim Smt. Ramarani Nayak which is taken on record.

(2.) The petitioner faced trial in the Court of learned Assistant Sessions Judge, Angul in Sessions Trial No.81 of 1992 for offence punishable under section 307 of the Indian Penal Code for attempting to commit murder of his sister Ramarani Naik (P.W.12) on 23.01.1992 at about 8.30 a.m. at Badatalia forest of village Badamahitala. The learned Trial Court vide impugned judgment and order dated 13.05.1994 acquitted the petitioner of the charge under section 307 of the Indian Penal Code, however found him guilty under section 324 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years. The petitioner preferred an appeal in the Court of Session which was heard by learned Additional Sessions Judge, Angul in Criminal Appeal No.45 of 1994/187 of 1997. The learned Appellate Court vide impugned judgment and order dated 21.07.2000 has been pleased to uphold the impugned judgment and order of conviction and sentence passed by the learned Trial Court and accordingly dismissed the appeal, hence the revision.

(3.) A joint affidavit has been filed by the petitioner and the victim indicating therein that the petitioner and the victim are brother and sister and at present they are having harmonious relationship and they are residing peacefully and the victim has no further grievance against the petitioner and in view of settlement and mutual compromise, both the parties are interested for closure of the criminal case. Learned counsel for the State on instruction submitted that the petitioner has got no criminal antecedents.