SHRABAN KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal the appel-lant challenges the judgment and order dated 27.11.1996/30.11.1996 passed by the learned Sessions Judge, Kandhamal-Boudh, Phulbani in S.T. Case No.4 of 1996 convicting him un-der Sections 302/201 of the I.P.C. and sentenc-ing to undergo imprisonment for life and pay a fine of Rs. 5,000/- in default to undergo further rigorous imprisonment for six months for the offence under Section 302 of the I.P.C. No sepa-rate sentence has been imposed under Section 201 of the I.P.C.

(2.) The appellant along with co-accused Prasanta Behera, Radhanath Behera, Sachidananda Naik, and Somanath Naik stood his trial in the aforesaid Sessions case. While the appellant was charged under Sections 302/ 201/34 of the I.P.C, co-accused Prasanta Behera was charged under Sections 201/34 of the I.P.C. The other three co-accused persons stood charged for commission of offences un-der Sections 176/34 of the I.P.C. for allegedly omitting to give information to the police about the commission of murder of deceased-Ranjulata Digal by the appellant.

(3.) Shorn of unnecessary details the prosecu-tion case runs as under: