DULA HEMBRAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against a judgment and order dtd. 10/4/2000 passed by the Additional Sessions Judge, Baripada convicting the Appellants under Sec. 302 read with Sec. 34 IPC and sentencing them to undergo imprisonment for life and to pay a fine of Rs.500.00 and in default to undergo rigorous imprisonment (RI) for two months for the offence punishable under Sec. 302 read with 34 IPC in S.T. Case No.27/94 of 1999/1998.

(2.) There are three Appellants in the present case. As far as Appellant No.3- Nota Hembram is concerned, the Court has been informed that he has been prematurely released after serving out the sentence. As far as Appellant Nos.1 and 2 are concerned, they were enlarged on bail by an order dtd. 6/9/2000 of this Court.

(3.) The case of the prosecution, in brief, is that on 2/11/1997, at around 6 to 6.30 PM, the deceased-Dasarathi Soren was killed after Appellant/Accused No.3 (A3) Nota Hembram armed with an axe, Dulla Hembram (A1) and their brother Kandara Hembram (A2) each armed with lathis assaulted the deceased as a result of which, he succumbed to his injuries.