DAMODAR MOHARANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Appeal filed by the appellant under Sec. 374(2) of the Code of Criminal Procedure is directed against the judgment and order dtd. 19/8/1997 passed by the learned 1st Additional Sessions Judge, Cuttack in S.T. No.18 of 1997. By the impugned judgment, the learned trial Court while acquitting the accused-appellant of the charges for the offences punishable under Ss. 498-A/304(B)/302/34 of I.P.C., convicted him for the offence under Sec. 4 of the D.P. Act and on that count, sentenced the appellant to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000.00, in default, to undergo R.I. for six months.

(2.) The present appeal has been pending since 1997. When the matter was called for hearing, consistently none appeared for the appellant. Therefore, this Court requested Mr. Bijaya Kumar Ragada, learned counsel, who was present in Court to assist the Court as Amicus Curiae. He has readily accepted the same and after obtaining entire record, assisted the Court very effectively. This Court records appreciation for the meaningful assistance rendered by Mr. Ragada.

(3.) Heard Mr. Bijaya Kumar Ragada, learned Amicus Curiae for the appellant and Mr. Sobhan Panigrahi, learned Additional Standing Counsel for the State.