STATE OF ORISSA Vs. UDHABA KUMAR

JUDGEMENT

(1.) THIS appeal has been preferred by the State against the Judgment and order passed by the learned Sessions Judge, Kalahandi, Bhawanipatna on 26.06.1987 in S.C. No. 10 of 1987. The Respondent -accused was charged for the alleged commission of offences under Sections 302/307/326, I.P.C. for allegedly causing murder of his father Biolochan and attempting to commit murder of his wife Gorimani Dei and for causing grievous hurt to the informant.

(2.) SINCE after pronouncement of the Judgment and order of conviction of the Respondent -accused on being found guilty for commission of the alleged offence under Section 307, I.P.C. and also under Section 323, I.P.C. and sentenced to undergo R.I. for seven years and one month respectively which were to run concurrently, the accused was serving the sentence, This Court by order dated 25.08.2006 called for a report from the learned Sessions Judge, Kalahandi regarding the present status of the accused -Respondent and as to whether the accused has already served the imprisonment or not.

(3.) THIS appeal has been registered after leave was granted under Sub -section (3) of the Section 378, Code of Criminal Procedure against the order of the learned Court below acquitting the accused from the charge under Section 302, I.P.C.