PRAFULLA KUMAR MAJHI Vs. LAXMI MAJHI

JUDGEMENT

(1.) THIS revision is directed against order dated 28.9.1994 passed by the learned Additional Sessions Judge, Jeypore, dismissing Criminal Appeal No. 103 of 1992 and confirming the order of conviction and sentence recorded by the Sub -divisional Judicial Magistrate, Nowrangpur.

(2.) PETITIONER No. 1 is the son of petitioner No. 2. Both of them faced trial before the learned Magistrate under Section 406/34, IPC, for committing criminal breach of trust in respect of gold and silver ornaments and other sundry articles said to have been given to opposite party No. 1 (since dead) at the time of marriage as dowry. The opposite party No. 1 Laxmi Majhi died during the pendency of this proceeding. Since the revision has been filed against the order of conviction and sentence which was confirmed in appeal, the State of Orissa has been impleaded as opposite party No. 2.

(3.) THE complainant examined as many as four witnesses including herself while the defence has examined five witnesses to support their plea. On consideration of the materials on record, the learned Magistrate believed the case of the opposite party No. 1 and convicted the present petitioners under Section 406/34, IPC and sentenced each of them to undergo R.I. for one year and imposed a fine of Rs. 2,000/ - in default thereof, they are to under to R.I. for three months each. The petitioner carried an appeal to the Sessions Court but became unsuccessful. The appellate Court by order dated 28.9.1994 dismissed the appeal and confirmed the order of conviction and sentence recorded by the learned Magistrate. Thereupon, the petitioners have moved this Court in Revision.