BANU ALIAS BANAMALI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal calls in question the judgment dated 22.3.1996 passed by the learned Sessions Judge, Kandhamal-Boudh, Phulbani, in S.T. Case No. 107 of 1995, convicting the appellant under Section 302 of the Indian Penal Code (for short, "IPC") and sentencing him to undergo imprisonment for life and to pay fine of Rs. 10,000/-, in default to undergo R.I. for six months.

(2.) The appellant and two others, namely, Tanu alias Tanuja Konhar and Santu alias Santanu Konhar, stood charged under Sections 341/302/34 IPC for having wrongfully restrained Purushottam Mallik of village Badimunda and committed his murder in furtherance of their common intention. However, after careful consideration of the evidence on record, the learned Sessions Judge convicted the other accused persons under section 341/34 IPC and sentenced them to undergo R.I. for one month and to pay fine of Rs. 500/- each, in default to undergo R.I. for a further period of ten days. He also convicted and sentenced the present appellant as already stated above. Being aggrieved, the appellant has preferred this appeal.

(3.) Briefly stated, the prosecution case is as follows:-