KARIM KHADIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) All the six appellants were prosecuted for commission of offence under Sections 302 and 307 read with Section 149 of the Indian Penal Code for commission of murder of one Madhaba Behera and for an attempt on the life or Koustava Behera on 11.2.1990 and sentenced to undergo imprisonment for life under Section 302/149 I.P.C. and rigorous imprisonment for 5 years under Section 307/149 I.P.C.; the sentences to run concurrently.

(2.) The prosecution story as unfurled in course of trial is as follows:-

(3.) Debendra Kumar Choubey, the owner of the hired tractor, immediately went to his house and narrated the incident to his elder brother who accordingly informed the Police Station over phone. The Police staff came and removed the deceased and injured to the hospital. Madhaba Behera was declared dead in Burla Medical College and Hospital, but Koustava recovered from the injuries.