JUDGMENT :

S.K. Sahoo, J.

The petitioner Kapili Sudam Das faced trial in the Court of learned Asst. Sessions Judge, Berhampur in S.C. No. 41 of 1997 for offences punishable under section 394 and section 392 read with section 397 of the Indian Penal Code. The learned Trial Court vide impugned judgment and order dated 15.04.1998 found the petitioner guilty of all the charges and sentenced him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.1000/- (rupees one thousand), in default of payment of fine, to undergo R.I. for a period of three months more under section 394 of the Indian Penal Code. He was further sentenced to undergo R.I. for a period of seven years under section 392 read with section 397 of the Indian Penal Code. All the substantive sentences were directed to run concurrently.

The petitioner preferred an appeal in the Court of Session which was heard by learned First Additional Sessions Judge, Berhampur in Criminal Appeal No.23 of 1999 and the learned Appellate Court vide impugned judgment and order dated 01.09.1999 set aside the order of conviction under section 397 of the Indian Penal Code but upheld the conviction under sections 392 and