JAGA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) BOTH the aforesaid matters arise out of the same judgment. Therefore, they were heard together and are disposed of by this common judgment.

(2.) PETITIONERS in CRLREV No. 441 of 2002 as accused were facing trial before the Assistant Sessions Judge, Aska in Sessions Case No. 24 of 1996/Sessions Case No. 265 of 1996 GDC being charged under Section 307/34, IPC. On conclusion of trial, the trial Judge by its judgment dated 23.11.2000 found them guilty under Section 307/34, IPC and sentenced each of them to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2000/ -, in default to undergo rigorous imprisonment for three months. Against the said judgment of conviction and sentence, they preferred appeal before the learned Addl. Sessions Judge, Bhanjanagar -Aska, Circuit at Aska which was registered as Criminal Appeal No. 19 of 2000. The appellate Court after hearing the parties, by its judgment dated 08.11.2002 acquitted them of the offence under Section 307/34, IPC but convicted them under Section 326, IPC and sentenced each of them to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/ -, in default to undergo simple imprisonment for one month subject so set off. Aggrieved, the accused persons have filed CRLREV No. 441 of 2002. On the other hand, State has filed CRLLP No. 52 of 2003 for leave to appeal against the judgment of the lower appellate Court and for confirmation of the conviction and sentence passed by the trial Court.

(3.) THE plea of the accused persons is complete denial of the allegations. In their statement recorded under Section 313, Cr.P.C. they took a specific plea that they have been falsely implicated in the case due to previous enmity and political rivalry with the injured and his father.