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1999 Supreme(SC) 591

Surendra Nath Mohanty – Appellant
Versus
State Of Orissa – Respondent


Judgment

Shah, J.-Leave granted.

2. These appeals are filed against the judgment and order dated 5th September, 1997 and 10th November, 1997 passed by the High Court of Orissa at Cuttack in Criminal Revision No. 436 of 1994 and Miscellane­ous Case No. 521 of 1997 whereby Revision Petition against the convic­tion order and the application for correction, alteration and for compounding offence filed by the appellants were rejected.

3. The appellants were convicted and sentenced under Section 307, 326, 325, 324 and 323 read with Section 34, IPC and sentenced to 5 years R.I. and fine of Rs. 200/- in default of payment of which to undergo R.I. for one month. That Order was challenged before the High Court by filing Criminal Revision No. 436 of 1994. After considering the entire evidence on record, the Court held that from the nature and extent of the injuries sustained by the injured, and also from the manner in which the car struck against the injured, it was difficult to come to a conclusion that the intention of the accused was to kill the injured and, therefore, it would be hazardous to uphold their conviction under Section 307 IPC. After considering the injuries caused to the witness,









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