NETRANANDA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) In S.T. Case No. 136/7 of 1998, learned Addl. Sessions Judge, Sambalpur found the present appellant Netrananda Naik and one Kishore Bag guilty of offence under Section 302/34 of the Indian Penal Code (in short 'I.P.C.'). He further found the present appellant guilty of offence under Section 201, I.P.C. He sentenced both the aforesaid convicts to suffer R.I. for life and to pay a fine of Rs. 5,000/- (five thousand) each, in default to suffer further R.I. for one year each under Section 302/34, I.P.C. He sentenced the present appellant to suffer R.I. for three years and to pay a fine of Rs. 1,000/- (one thousand), in default to suffer further R.I. for three months with direction that both the sentences shall run concurrently.

(2.) Prosecution case, stated succinctly, runs as follows:

(3.) The trial of the present appellant was taken up on framing of charge against him on 09.08.1999. During the trial Sukanti Sohela, present P.W.9, was examined as P.W.5. She implicated Kishore Bag, whom the I.O. (P.W.12) during investigation had examined as an occurrence witness. On the basis of the evidence of Sukanti (P.W.5), learned trial Court on being moved by the prosecution, impleaded Kishore Bag as a co-accused invoking jurisdiction under Section 319, Cr.P.C. The trial was again resumed de novo after Kishore Bag was brought as an accused on record.