SADHU GADNAIK AND ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal calls in question the legality and validity of the order dated 24.4.1996 passed by the learned Sessions Judge, Dhenkanal in S.T. Case No. 154 -D of 1990 whereby and whereunder the Appellants have been convicted -under Section 302, read with Section 34 of the Indian. Penal Code (for short "IPC") and sentenced to undergo imprisonment for life.

(2.) THE horrendous story as portrayed by the prosecution in course -of trial is as follows:

(3.) TO prove its case, prosecution examined as may as fourteen witnesses. P.W.I was the Tahasildar and Executive Magistrate, who was present at the time of making inquest over the dead body. P.Ws.6 and 7 were also witnesses to the inquest. P.W.2 was the informant and the father of the deceased, P.W.3 was the brother of the deceased and P.W.4 was the younger sister of the deceased. P.Ws.5, 10 and 11 were seizure witnesses. P.W.9 was the Grama Rakhi who saw the dead body of the deceased floating in the tank and sent information to the police -station. P.W.12 was also a witness to the floating of the dead body of the deceased in the tank. P.W.13 was the doctor who conducted post mortem examination over the dead body, and P.W.14 was the investigating officer. The learned Sessions Judge, on an elaborate discussion and evaluation of the evidence placed by the prosecution held both the Appellants guilty under Section 302, read with Section 34, IPC for having committed the murder of the deceased Dalimba in furtherance of their common intention, convicted them thereunder and sentenced them to undergo imprisonment for life. Being aggrieved by the order of their conviction and sentence, the Appellants have preferred the present appeal.