HEMANTA KUMAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants in both the appeals have challenged the judgment dated 23-12-1994 passed by Shri M. R. Behera, Sessions Judge, Phulbani in S. T. No. 37/93, convicting the appellant Hemanta Kumar Sahu u/Ss. 366/34 Indian Penal Code (for short 'I.P.C.') and sentencing him to undergo rigorous imprisonment for five years and to pay a fine of Rs. 200/-, in default, to undergo rigorous imprisonment for a further period of two months and convicting the appellant Sribachha Naik u/Ss. 366/376 I.P.C. and sentencing him to undergo rigorous imprisonment for five years on each count and to pay a fine of Rs. 200/-, in default, to undergo rigorous imprisonment for a further period of two months on each count. Both the appeals were heard together and this judgment will dispose of both the cases.

(2.) Briefly stated, prosecution case runs as follows :

(3.) The defence plea is one of denial. Accused Hemanta who was serving as a peon in the office of Officer on Special Duty, Land Reforms, Phulbani, took the plea of alibi.