H.S.BHALLA, J. CRA. NO.55 OF 1992 (Decided on 01.11.2010). JAGABANDHU SWAIN & ORS. ………… Appellants. .Vrs. STATE OF ORISSA ………… Respondent. PENAL CODE, 1860 (ACT NO.45 OF 1860) – SECS.307/149. For Appellants - M/s. D.P.Dhal, & A.K.Acharya. For Respondent - Addl. Govt. Advocate M/s. Debasis Panda & Manas Chand (for informant no.1) H.S.BHALLA, J. This criminal appeal is directed against the judgment of conviction and order of sentence dated 5.2.1992 passed by learned Additional Sessions Judge, Jajpur vide which the appellants were convicted and sentenced them to undergo as under, SL No. Name of the appellant(s) Under Sections Sentence 01. Jagabandhu Swain and others 307/149, I.P.C. All the accused persons were sentenced to undergo R.I.for five years and to pay a fine of Rs.500/- each. In default thereof, they were further sentenced to undergo R.I for two months 2. The learned counsel appearing for the appellants, at the very outset, has contended that he does not challenge the conviction of the appellants on merits and confines his arguments only on the point of quantum of sentence. He further submits that a case under the said sections was registered against the appellants in the year 1987 and the appellants have been facing mental agony of the trial and a sword of conviction has been persistently hanging over their head since then. He, therefore, prays that a lenient view be taken against the appellants. He has further submitted that keeping in view the facts and mitigating circumstances of the appellants, as also the fact that they are poor persons, some leniency be shown against the appellants in the matter of sentence. 3. Since the prayer made by the learned counsel for the appellants has been restricted only on the quantum of sentence, therefore, in order to avoid repetition of fact in the judgment herein, I do not consider it necessary to recapitulate the same again, since they have been narrated in the judgment of the court below in details. 4. I have considered the submissions raised by the learned counsel for the appellants. It is not doubt true that since the date of registration of the case, the appellants have been facing mental stress and agony for the last 23 years and in such like circumstances, I am of the view that ends of justice would be amply met if a lenient view in the matter of sentence is taken against the appellants. Accordingly, taking a lenient view against the appellants, I direct that conviction recorded against the appellants shall be maintained, but the period of sentenced already awarded to them by the court below is reduced to the period, which they have already undergone. However, the appellants are directed to pay Rs.30,000/- (Rupees Thirty Thousand) as compensation to be shared by all the injured persons. The said compensation amount shall be deposited with the trial court within a period of 45 days from the date a certified copy of this order is received. It is made clear that in case the appellants fail to deposit the compensation amount within stipulated period, the order passed by the trial court shall become operative. With this modification in the matter of sentence, the appeal filed by the appellants stand dismissed. Appeal dismissed. 2