SAHADEB NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dtd. 18/2/2000 passed by the learned Additional Sessions Judge, Nayagarh in S.T. Case No.37/76/429 of 1997/1993 and S.T. Case No.38/44/475 of 1997/1994.

(2.) There are four Appellants in the present case. They have been held guilty of the offence punishable under Ss. 458/302/34 IPC and have been sentenced to undergo imprisonment for life.

(3.) The case of the prosecution is that, in the night of 6/10/1988 the present Appellants along with co-accused Dusasan Naik entered into the house of the deceased Jayakrushna Naik, who was sleeping in the verandah of the house. The accused Dusasan fired a gun shot at the deceased which struck on the backside of his head. The accused persons fled away immediately after the occurrence. The deceased sustained profuse bleeding injury and lost his senses. He was first taken to the Khandapara Hospital and then Nayagarh Hospital. But as his condition became critical, he was then referred to the S.C.B. Medical College & Hospital, Cuttack, where he ultimately succumbed to the injury on 10/10/1988.