CHAMPE KONHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Appeal, filed by the appellants under Ss. 374(2) of the Cr.P.C., is directed against the judgment and order dtd. 12/5/1995 passed by the learned District & Sessions Judge, Phulbani in S.T. No.74 of 1994. The learned trial Court while acquitting the co-accused person, namely, Pinaka Konhar by extending the benefit of doubt, convicted the present appellants for the offences under Ss. 304 Part-I and Sec. 452/34 of I.P.C. and on that count, they have been sentenced to undergo R.I. for five years each with a fine of Rs.1,000.00 each, in default, to undergo R.I. for four months for the offence under Sec. 304 Part-I of I.P.C. However, no separate sentence has been imposed on the accused-appellants for the offence under Sec. 452/34 of I.P.C.

(2.) Heard Mr. D.P. Dhal, learned Senior Counsel appearing for the appellants and Mr. Sobhan Panigrahi, learned Additional Standing Counsel for the State.

(3.) The prosecution case, in brief, is that the deceased, Sima Konhar, and his wife, Smt. Mane Konhar (P.W.1), were originally residents of village Drasseru. Owing to a land dispute with their agnatic relations, Sima Konhar had earlier deserted village Drasseru and was residing at village Glot. It is alleged that on 27/9/1993 at about 11.00 P.M., the accused persons, namely, Champe Konhar (appellant No.1), Biswe Konhar (appellant No.2), and Pinaka Konhar, all sons of late Sinara Konhar and residents of village Drasseru, committed criminal trespass into the dwelling house of the deceased, Sima Konhar.