JAYDEV BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellants have challenged the impugned judgment dtd. 30/10/2000 passed in S.C. No.29 of 1998 by the learned 2nd Additional Sessions Judge, Berhampur for being convicted under Sec. 302 IPC and other offences on the grounds inter alia that the findings to be unjustified and hence, liable to be set aside followed by an order of acquittal.

(2.) The Appellants having been charged under Ss. 147, 148, 302 and 149 IPC and Sec. 9(b) of the Indian Explosive Act were made to face trial. Finally, the learned court below returned with a finding of guilt against the Appellants and convicted them under Sec. 302 IPC with other offences however acquitting them of the offence punishable under Sec. 9(b) of the Indian Explosive Act and consequently sentenced each to imprisonment for life for the offence under Sec. 302 read with 149 IPC without any separate sentences for the rest of the offences.

(3.) The informant lodged the FIR on 9/10/1997 alleging therein that on that day at about 10.20 a.m. while his deceased brother was at his medicine shop, at that time, the Appellants and others being armed with sword, kati and bombs attacked and killed him at the spot. After the FIR was lodged, K.S. Nagar P.S. Case No.104(6) dtd. 9/10/1997 was registered. Finally, charge sheet was submitted against the Appellants and five others under the alleged offences to stand their trial in the court of law. The learned court below framed charges against the Appellants and thereafter, received evidence during trial and ultimately, convicted them of the alleged offences.