KALIA SINGH AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellants faced trial in the Court of learned Sessions Judge, Mayurbhanj, Baripada in S.T. Case No. 42 of 1994 for offence punishable under section 302/34 Indian Penal Code for committing murder of one Jaga Singh (hereafter 'the deceased') by means of a Katari in furtherance of their common intention on 4.8.1993 at about 6.00 a.m. at village Badkhiripada under Baisinga Police Station in the district of Mayurbhanj.

(2.) ON 04.08.1993 one Smt. Sambari Dei (P.W.1), wife of the deceased appeared at Baisingha Police Station and submitted oral report before Officer -in -charge of the said Police Station namely Sri Ranjit Kumar Bhoi (P.W.7), which was reduced to writing by P.W.7 and accordingly Baisingha P.S. Case No. 84 of 1993 was registered under section 302/34 IPC against the three appellants.

(3.) AFTER observing due committal formalities, the case of the appellants was committed to the Court of Session for trial where the learned Sessions Judge, Mayurbhanj, Baripada framed charge against the appellants under section 302/34 IPC on 2.1.1996 and since the appellants denied the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute them and establish their guilt.