LAWS(ORI)-2008-12-91

SAIBU @ TSHERING LEPCHA Vs. STATE OF ORISSA

Decided On December 16, 2008
Saibu @ Tshering Lepcha Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) HEARD argument and the judgment is as follows:

(2.) APPELLANT together with three other accused persons faced the trial on the charge under Sections 302/34 I.P.C. in S.T. Case No. 154/21 of 1998 of the court of Addl. Sessions Judge, Jajpur, arising out of G.R. Case No. 383 of 1997 of the court of Judicial Magistrate 1st Class, Jajpur Road. While acquitting the co -accused persons, learned Addl. Sessions Judge found the Appellant guilty of murder of Maikel Ray (hereinafter referred to as the 'deceased').

(3.) WHILE denying to the charge, accused persons claimed for trial. Prosecution tendered evidence of eleven witnesses and documents marked Exts. 1 to 25, besides, weapon of offence, M.O.I and wearing apparels of the accused M. Os. II & III. Accused persons did not adduce any evidence.