(1.) Both the Appellants along with six others stood trial for 11:35 AM 5/26/2011offence punishable under Section 302/34, I.P.C. Learned Trial Court found the present Appellants guilty under Section 302/34, I.P.C. and sentenced each of them to suffer imprisonment for life. The aforesaid judgment and order of sentence dated 26.03.1999 passed in S.T. Case No. 22/64 of 1997 and S.T. Case No. 48/327 of 1997 by learned Second Addl. Sessions Judge, Puri are impugned in this appeal.
(2.) A compendium of the prosecution case, as found from the record, is as follows:
(3.) Prosecution has examined eleven witnesses to prove the charge. P.Ws. 4, 6 and 9 are the eye-witnesses to the occurrence. P.Ws. 7 and 8 are post-occurrence witnesses.P.Ws. 2 and 3 are the witnesses to the inquest held over the dead body of the deceased by the I.O. (P.W. 10). P.W. 1 is a witness to the seizure. P.W. 5 is the Medical Officer, who examined the injured Laxmidhar Rout (deceased) on police requisition and held postmortem over his dead body on his death. P.W. 10 is the Investigating Officer, who had conducted the substantive part of the investigation and P.W. 11 is the I.O. who received the report, treated the same as F.I.R., registered a case and directed P.W. 10 to take up investigation.