LAWS(ORI)-2002-5-39

BISWAMITRA KARAN AND ORS. Vs. STATE OF ORISSA

Decided On May 15, 2002
Biswamitra Karan And Ors. Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THIS appeal assails the order of conviction of the Appellants under Section 302/34, IPC and sentence of imprisonment for life passed -by the learned Additional Sessions Judge, Titilagarh, in Sessions Case No. 12075 of 1993 -1994.

(2.) THE skeletal picture of the prosecution story, as narrated in course of trial, is as follows:

(3.) IN order to bring home the charge to the Appellants, the prosecution examined twelve witnesses. P.W.1 -Budu Dandia, P.W.4 -Nilakantha Dandia, P.W.5 -Mohan Majhi, P.W.6 -Adi Naik and P.W.7 - Ballava Dandia are said to be the eye • witnesses to the occurrence. P.Ws. 3, 8 and 10 are witnesses to the seizure of blood stained clothes and other incriminating materials. P.W.11 is the Medical Officer who conducted autopsy over the dead body and P.W.12 is the investigating officer. The defence has examined the doctor, who' had certified that Appellant Narendra had received a simple incised wound on his head, as D.W.1.