Appellate courts can modify sentences based on rehabilitation of the offender and time elapsed since the crime while ensuring the conviction is supported by credible evidence.

JUDGMENT :

SIBO SANKAR MISHRA, J.

The present Criminal Appeal, filed by the sole appellant-Basudev Mohapatra under Sections 378 of the Cr.P.C., is directed against the judgment and order dated 04.03.1992 passed by the learned Additional Sessions Judge, Jajpur in S.T. Case No.98 of 1990 arising out of G.R. Case No.334 of 1988, whereby the present appellant has been convicted for the offence under Section 307 of I.P.C. and on that count, he was sentenced to undergo R.I. for two years and to pay a fine of Rs.2,000/-, in default, to undergo R.I. for three months.

2. The present appeal has been pending since 1994. When the matter was called for hearing, consistently none appeared for the appellant. Therefore, this Court requested Mr. Bijaya Kumar Ragada, learned counsel, who was present in Court to assist the Court as Amicus Curiae. He has readily accepted the same and after obtaining entire record, assisted the Court very effectively. This Court records appreciation for the meaningful assistance rendered by Mr. Ragada.

3. Heard Mr. Bijaya Kumar Ragada, learned Amicus Curiae for the appellant and Mr. Sarathi Jyoti Mohanty, learned Additional Standing Counsel for the State.

4. The prosecution case, stated briefly, is that on 16.01.1988, in the absence of the informant, Bansidhara Panda, an Amin measured the frontage of his land with reference to the adjoining road. At about 3:00 p.m., after discussing the said measurement with a co-villager, Charei Swain, Bansidhara Panda was returning home. At that time, the accused persons, who had assembled in front of their house, confronted him and questioned him regarding the removal of a fence. During this verbal exchange, both parties proceeded towards the frontage of the informant’s land. Hearing the exchange, Lochani, wife of Bansidhara, arrived at the spot and abused the accused persons. At this juncture, co-accused Rampa allegedly pushed her, thereby voluntarily causing hurt. On hearing the commotion, Bijaya Kumar Panda, son of Bansidhara Panda (P.W.1), who was then on bed rest, came to the place of occurrence and protested the conduct of the accused persons. It is alleged that, upon the instigation of accused No.1 (the appellant), accused Nos.2 and 4 caught hold of Bijaya Kumar Panda. When Bansidhara Panda intervened, accused No.3 (Maheswar Mohapatra) is said to have dragged him towards the cowshed of one Krushna Senapati. Thereafter, accused No.1 (the present appellant) allegedly inflicted a knife blow on the abdomen of Bijaya Kumar Panda with the knowledge that such an act was likely to cause his death. Bijaya Kumar Panda fell to the ground as a result of the assault. Hearing the alarm raised, villagers arrived at the spot, whereupon the accused persons fled away, with accused No.1 absconding with the knife. Bijaya Kumar Panda was taken to Baitarani Road Hospital for treatment. On the following day, upon the arrival of the police, Bansidhara Panda submitted a written report before the O.I.C., Korai Police Station, whereupon investigation commenced on registration of F.I.R..

During investigation, medical opinions regarding the injuries sustained by Bijaya Kumar Panda, Lochani Panda, and Basudev Mohapatra were obtained. The bed-head ticket of Bijaya Kumar Panda was seized. The police also seized a lungi from the police station under Ext.6 and the wearing apparel of Bijaya Kumar Panda under Ext.8. A dying declaration of Bijaya Kumar Panda was recorded. The seized materials were sent for chemical examination. Upon completion of the investigation, charge-sheet was submitted against the accused persons. On the stance of complete denial and claim of trial, the appellant was put to trial on the charges under Sections 307/34,