CHUIAN MAHALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant and five others were jointly tried on a charge under Section 302/34, Indian Penal Code for having caused, in furtherance of their common intention, the death of one Dukhabandhu Jena of village Damal under Parjang Police Station in the district of Dhenkanal. After trial, the Appellant was convicted under Section 302, Indian Penal Code and sentenced to undergo imprisonment for life. The other accused persons were acquitted of the charge framed against them.

(2.) PROSECUTION case runs thus:

(3.) MR . S.S. Hota, the learned Counsel appearing amicus curiae for the Appellant contended that on the evidence adduced in the case no offence under Section 302, Indian Penal Code, has been made out.