SRINIBAS SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 14/9/2001 passed by the Additional Sessions Judge, Angul convicting the Appellants under Ss. 302 read with 34 IPC in Sessions Trial No.74 of 1994/18 of 1998 and sentencing them to undergo rigorous imprisonment for life.

(2.) It must be mentioned at the outset that during the pendency of the present appeal, Appellant Nos.3, 4 and 5 expired and the appeals as far as they were concerned stood abated. The Appellants in the fray are Appellant Nos.1, 2 and 6 to 10 and are herein referred to in the same order in which they were arraigned as accused i.e. Accused Nos.1, 2 and 6 to 10 (A1, A2 and A6 to A10 respectively).

(3.) The case of the prosecution is that at around 8 am on 23/5/1994 at village Kanjara in the house of Trinath Pradhan (P.W.3), the accused intentionally committed the murder of the deceased Biswamitra Behera in furtherance of their common intention. The case of the prosecution further is that prior to the said incident there was a dispute between the accused persons and the deceased with one Tapan Sahu, son of Srinibas Sahu (A1) misbehaving with Umakanti, the daughter of the deceased Biswamitra Behera, with whom he is stated to have had an affair. A meeting had been called in the village, but no settlement could be reached.