LAWS(ORI)-2018-8-52

CHITTARANJAN BEHERA Vs. STATE OF ODISHA

Decided On August 14, 2018
Chittaranjan Behera Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) This common order shall dispose of the aforesaid three revision applications preferred by three petitioners who stood jointly convicted in V.G.R. Case No. 18 of 1999 by the learned C.J.M., Balasore.

(2.) The petitioner namely, Chitta Ranjan Behera and Anup Kumar Das were convicted under Sections 409/420/120-B/471, Penal Code and so far as the petitioner Lingaraj Sahu is concerned, he was convicted under Sections 420/120-B and 471 of the I.P.C. The petitioners Chittaranjan Behera and Anup Kumar Das were sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,00,000.00, in default, to undergo R.I. of six months each for the offence under Sec. 409 of the I.PC., R.I. for three years and to pay a fine of Rs. 20,000.00, in default, to further R.I. for three months each for the offence under Sec. 420 of the I.PC., R.I. for three months each under Sec. 471 of the I.P.C. and R.I. for three years and to pay a fine of Rs. 3000.00, in default, further R.I. for six months each for the offence under Sec. 120-B, I P.C. So far as the petitioner Lingaraj Sahu is concerned, he was awarded with similar sentence like other two petitioners for the offences under Sections 420/471/120-B of the I.P C.

(3.) Three separate criminal appeals were preferred by the three petitioners before the learned Second Additional Sessions Judge, Balasore vide Criminal Appeal No. 36/50 of 2014-2009 and Criminal Appeal No. 40/51 of 2014-2009 and Criminal Appeal No. 34/52 of 2015/09. In the said appeals by a common judgment, the learned appellate court set-aside the conviction of the appellants under Sec. 420 of the I.pC. and upheld the conviction and sentences of all the three appellants for the offences under Sec. 409/120-B/471 of the I.P.C. The said judgment of conviction and sentence has been assailed in the present revision applications filed separately by the three petitioners.