MADKAMI KOSA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 11-3-1993 passed by the learned Additional Sessions Judge, Jeypore, in SC Case Nos. 26 and 102 of 1992. By the impugned judgment, the learned Additional Sessions Judge found two accused persons, namely, Sapan Kumar Kundu and Madkami Kosa, guilty under Sec. 302/34,IPC, convicted them thereunder and sentenced them to undergo rigorous imprisonment for life. Against the judgment and order, accused Sapan Kumar Kundu filed Criminal Appeal No. 170 of 1993 and the accused - appellant Madkami Kosa preferred the present appeal from jail. Both the appeals were being heard together. However, during the pendency of the appeals, accused Sapan Kumar Kundu died and so the appeal filed by him, namely, Criminal Appeal No. 170 of 1993, has abated.

(2.) Briefly stated, the facts are as follows :

(3.) The plea of the defence is a total denial of the occurrence. Accused Sapan took the further plea of alibi and stated that he was falsely implicated in the case due to previous enmity.