MANGOBINDA SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant along with one Chintamani Naik stood charged under Section 302 read with Section 34, I.P.C. for having caused the death of Bharamar Khuntia and his wife Harsa Dei on the midnight of 27.8.1974. After trial, the learned Additional Sessions Judge of Cuttack convicted all the four accused persons under Section 302/34, I.P.C. and sentenced each of them to undergo imprisonment for life. The convict Chintamani Naik died during the pendency of this appeal.

(2.) THE prosecution case may be briefly stated as follows : -

(3.) F .I.R. was lodged by P.W.5 Banshidhar Khuntia on the next day i.e. 28.8.1974 by about 8.30 a.m. at Banki P.S. which is about 14 kilometres away from the place of occurrence. The accused persons were arrested on 29.8.1974. After usual investigation the charge -sheet was submitted on 3.10.1974.