STATE OF ORISSA Vs. PABITRA NAIK

JUDGEMENT

(1.) Heard Mr. G.N. Rout, learned ASC for the Appellant and Mr. P.K. Behera, learned counsel for the Respondents.

(2.) This Appeal at the instance of the State is filed under Sec. 378(1) and (3) of the Cr.P.C. assailing the judgment dtd. 27/2/1997 passed by the learned Sessions Judge, Kalahandi-Nuapada at Bhawanipatna, Dharmagarh Circuit in S.C. No.53 of 1996 acquitting the Respondent No.2 (Sarat Naik) of the charges under Sec. 302/341/34 of IPC and finding Respondent No.1 (Pabitra Naik) guilty under Sec. 304 Part-II of IPC and directing him to undergo R.I. for five years. It is stated at the Bar that the said Respondent has served the sentence so imposed.

(3.) The case of the prosecution was that the village Sargipara is the hamlet of village Bandhakana, where six families of Banka caste reside and during Chaitra festival on 2/4/1996 a goat, fowl and other puja materials was purchased from contribution from all and for the ritual of sacrificing the goat.