THE HIGH COURT OF ORISSA AT CUTTACK CRA No. 143 of 1997 (In the matter of an application under Section 374(2) of Criminal Procedure Code)

Gandaram Behera ……. Appellant -Versus-

State of Orissa ……. Respondent For the Appellant : Mr. H.S. Mishra, Advocate For the Respondent : Mr. Jateswar Naik, AGA CORAM:

THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA Date of Hearing: 15.01.2026 : Date of Judgment: 19.02.2026 S.S. Mishra, J. The present criminal appeal filed by the appellant under Section 374 (2) of Cr.P.C. is directed against the judgment of conviction and order of sentence dated 30.06.1997 passed by the learned Additional Sessions Judge, Titilagarh in Sessions Case No. 24/11 of 1995, whereby the learned trial Court has convicted the accused-

appellant for the offence punishable under Section 307 of the I.P.C. and, accordingly, sentenced him to undergo R.I. for two years and to pay a fine of Rs.1,000/-, in default to undergo R.I. for three months.

2. Heard Mr. H.S. Mishra, learned counsel for the appellant and Mr.

Jateswar Naik, learned Addl. Government Advocate for the State.

3. The prosecution story as per the FIR is that on 12.09.1994 at about 8.30 A.M. at Sahupada of village Bangomund