Ratnakar Paikray vs State of Orissa

The appellant before us was convictedby the judicial magistrate 1st class.Bhubaneswar for an offence u/s 47(a) of the Bihar and Orissa Excise Actand was sentenced to undergo rigorous imprisonmentfor a period of one year and topay a fine of Rs. 500 and in default of paymentof fine to undergo further rigorousimprisonment for six months. An appealfiled against the said order came to be dismissedby the additional sessions judge,Bhubaneswar, who confirmed the convictionmade by the learned judicial magistratebut while so doing, the learned additionalsessions judge came to the conclusionthat in view of the age and possiblereformation of the appellant, it is appropriatethat the sentence of one year shouldbe reduced to a period of three months R1.With this modification, the appeal came tobe dismissed. The High Court on a furtherrevision rejected the same. The appellantis before us against the said judgments ofthe courts below.

We have heard learned counsel for theparties and perused the record.

We are satisfied that the conviction,based on the findings of the courts below,cannot be disturbed by us because theyare based on material on record. Accordingly,the appeal, to that extent, is dismissed.

However, it is argued by Mr. J.R. Das,learned counsel for the appellant that apartfrom the fact that the petitioner was 21years old when the alleged offence tookplace, he has subsequently undergone abrain surgery and is now suffering from infractionin the thalamic region of brain.Hence, it is but appropriate that the sentencebe reduced to the period alreadyundergone by him. On consideration of allmaterials on record and the medical certificateproduced before us and also the factthat the appellant has already undergonetwo months Rl, we are satisfied that thesentenced imposed on him by the additionalsessions judge be reduced to the periodalready undergone.

The appellant is on bail. His bail bondshall stand discharged.

With this modification, the appeal is partlyallowed to the extent stated above.