SANJIB BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant in this Jail Criminal Appeal assails his conviction and sentence under Section 302 of the Indian Penal Code, 1860, hereinafter referred as "I.P.C." for brevity, in Sessions Case No. 49/31 of 2000 of the court of Addl. Sessions Judge, Sonepur.

(2.) IN short, the case of the prosecution is that one Sura Bharasagar (deceased) was working as a labour Sardar (labour contractor). IN order to contact labourers, he had come to Ufla, where the present appellant and the co-accused were residing. On 09.01.2000, he stayed in the house of the accused persons and he was also seen moving with the appellant, the coaccused Ranjit Bhoi (since acquitted) and their brother Ajit Bhoi (absconder) for contacting labourers for the purpose of working in brick kilns. IN the night of 9/10.01.2000, the deceased died in mysterious circumstances. Suman Kumar Jagdala, Gramarakhi lodged a report before the concerned Police Station. IN course of investigation, the present appellant along with one of his brother was arrested. Ultimately, charge-sheet was submitted against the present appellant and his brothers Ranjit Bhoi and Ajit Bhoi, showing coaccused Ajit Bhoi as absconder. The charge-sheet was laid under section 302/34, I.P.C.