NILAMBAR PATEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The instant Criminal Appeal is against the judgment dated 23.07.1994 passed by the learned Sessions Judge, Sundargarh in S.T. Case No.226 of 1993 whereby and where under the sole appellant has been convicted for the offences U/s.302, 307, 325 of the Indian Penal Code and accordingly sentenced to undergo rigorous imprisonment for life for his conviction U/s.302 of the Indian Penal Code, 4 years rigorous imprisonment for his conviction U/s.307 of the Indian Penal Code and also to undergo rigorous imprisonment for 2 years for his conviction U/s.325 of the Indian Penal Code with a direction that the sentences are to run concurrently.

(2.) We have heard the learned counsels for the parties in detail and gone through the materials available on record.

(3.) The brief history of the case is that on 26.07.1993 at about 10.30 A.M. Somnath Sahoo, P.W.3 went to Rajgangpur Court from his residence at Jampali to attend his duty as he was working as Assistant Court Sub-Inspector of Police in the Rajgangpur judicial Court. His wife Sachibati kalo, P.W.2 also left her house in order to attend her duties as she was working as a teacher in Jampali U.P. School. P.W.2 had one daughter aged about 2 years, namely, Rasmita Sahoo and she left her at the residence under the care of her brother-in-law who has been examined as P.W.1. P.W.1 to P.W.3 were residing in a rented house belonging to one Bhika Kispatta. The accused Nilmbar Patel, appellant herein, was working then as a teacher in Sargipali Primary School. He was very often coming to the house of P.W.2 and also was taking food in her house, thus, the accused - appellant, had acquaintance with the family of P.W.2, Smt. Sachibati Kalo.