GOPIA DIGAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) JAIL Criminal Appeal No. 351 of 1993 is against the judgment of Shri R.N. Biswal, Sessions Judge, Phulbani in S.C. No. 4 of 1993 and Jail Criminal Appeal No. 161/95 is against judgment of Shri M.R. Behera, Sessions Judge, Phulbani in S.T. No. 4/93(A). In the former case, learned Sessions Judge convicted the accused, Gopia Digal under Sections 302/201/34 Indian Penal Code He sentenced him to under Sections 302/201/34, Indian Penal Code. He sentenced him to undergo R.I. for life and R.I. for three years, respectively, with direction to run the sentences concurrently. In the latter case, learned Sessions Judge convicted the accused, Senapati Digal, undergo R.I. for life and to pay fine of Rs. 2000/ - and in default of payment of fine to undergo further R.I. for 40 days. However, no separate penalty is imposed on him under Section 201 Indian Penal Code

(2.) ON consent of learned Counsel for the Appellants and the learned Additional Government Advocate for the State, these two appeals were heard analogously and are being disposed of by this common judgment.

(3.) THE accused pleaded innocence. Total denial of the allegation of the prosecution is the defence plea. Appellant Gopia Digal further set up the defence theory of enemity between him and Bisiketan Digal (P.W. 5).