SEBAK SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD further argument, hearing is concluded and the judgment is as follows.

(2.) ORDER of conviction under Section 302/34, I.P.C. in Sessions Trial No. 99/35 of 1995 of the Court of Additional Sessions Judge, Rourkela is under challenge by the three appellants. In addition to his conviction for the offence under Section 302/34, I.P.C. accused -appellant Sebak Sahoo was also convicted for the offence under Section 326, I.P.C. as against the charge under Section 307, I.P.C. Accused -appellant Sebak Sahoo having died in the meantime, abatement of the appeal against him was noted on 14.05.2002.

(3.) TO substantiate the charge for the offence under Section 302/34, I.P.C. and also for the offence under Section 307/34, I.P.C., prosecution examined as many as 16 witnesses and relied on series of documents marked Exts. 1 to 25/5. It also relied on the spade as M.O. -I, the wooden planks described as 'Bali as M.Os. II and III and the 'Lungi of the deceased as M.O. -IV. Accused persons took the plea of denial; they adduced no defence evidence.