TRILOCHAN HARIJAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The two petitioners along with two others were convicted by the trial Court under Ss. 458 and 395, Indian Penal Code, and sentenced to undergo R.I. for five years and to pay a fine of Rs. 1,000/-, in default, to undergo R.I. for two months on each count. The present petitioners filedCriminal Appeal No. 129/94, whereas the two co-accused persons filedCriminal Appeal No. 132/94 and JailCriminal Appeal No. 16/95. All the three appeals were disposed of by one common judgment. The appellate Court altered the conviction under S. 395 to one under S. 394, IPC, and reduced the substantive sentence to four years' R.I. The conviction under S. 458, IPC, was sustained, but the substantive sentence was also reduced to four years' R.I.

(2.) The occurrence took place in the midnight of 28-3-1993/29-3-1993 in village Nirani Maliguda and FIR was lodged at 9 a.m. on 29-3-1993. In the FIR it was indicated that brother of one Buti Domb along with five other unknown culprits committed the crime. Four persons including accused Dhanurjaya Takiri, the brother of Buti Domb, were apprehended and charge-sheeted.

(3.) The plea of the accused persons was one of denial.