B. SRINU Vs. STATE OF ODISHA

JUDGEMENT

(1.) Both these appeals are directed against the Judgment dtd. 12/4/1996, passed by the learned Additional Sessions Judge, Jeypore in Sessions Case No.73 of 1993, convicting the Appellants, i.e., the Accused No.3 (A-3), B. Srinu @ Bobili Srinu and Accused No.1 (A-1), B. Govinda @ B. Govinda Rao (in CRA No.123 of 1996) and Accused No.2 (A-2), Medi Srinu @ M. Sriniwas Rao and Accused No.4 (A-4), Allam Umashankar Rao (in CRA No.137 of 1996) respectively for the offence punishable under Sec. 302 read with Sec. 34 of IPC and sentencing them to undergo Rigorous Imprisonment (RI) for life. In addition to the sentence for imprisonment for life, Umashankar Rao (A-4) was also convicted for the offence punishable under Sec. 324 of IPC and was sentenced to undergo RI for six months.

(2.) At the outset, it must be mentioned that six persons were sent up for trial in the aforementioned Sessions case for causing the death of one Basa @ Bhaskar Rao by means of knives and other weapons in furtherance of their common intention.

(3.) It must be noticed here that while the Appellant No.2, B. Govinda @ B. Govinda Rao (in CRA No.123 of 1996) was enlarged on bail by an order dtd. 23/7/1996, the Appellant No.1, B. Srinu @ Bobili Srinu (in CRA No.123 of 1996) was enlarged on bail by an order dtd. 1/10/2004. Further, the Appellant No.2, Allam Umashankar Rao (in CRA No.137 of 1996) was enlarged on bail by an order dtd. 23/7/1996 and the Appellant No.1, Medi Srinu @ M. Sriniwas Rao (in CRA No.137 of 1996) was enlarged on bail by an order dtd. 1/10/2004.