ASHOK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by filing this Appeal under Sec. 454 of the Code of Criminal Procedure, 1973 (for short, 'the Code') has assailed the judgment dtd. 4/7/2001, passed by the learned Second Additional Sessions Judge, Cuttack in Sessions Trial Case No.131 of 1999, arising out of G.R. Case No.1818 of 1997, corresponding to Madhupatna P.S. Case No.423 of 1997 directing the confiscation of the seized rifle to the State.

(2.) Prosecution case is that on 22/10/1997 around 4 p.m. at the temple campus of Lord Panchamukhi Hanuman, the Appellant and another, namely, Nanu@Narendra Meheta in furtherance of their common intention committed murder of one Bilua@Pitabas Pradhan by means of a rifle when a marriage ceremony was going on within said temple premises.

(3.) Heard learned counsel for the Appellant and learned counsel for the Respondent-State.