JATIN MOHAPATRA @ MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order of conviction dated 13.09.1993 passed by learned Addl. Sessions Judge, Jajpur in S.T. Case No. 359/34 of 1992 convicting the Appellant Under Section 302, I.P.C. and sentencing him to undergo R.I. for life. No separate sentence is awarded against him under Sections 323/324 of I.P.C. in view of the sentence awarded for life. The Appellant in this appeal challenges his conviction under Section 302, I.P.C. and the sentence passed thereunder.

(2.) THE Appellant and five others were put to trial. Besides the Appellant two accused persons, namely; Khageswar and Baman were convicted Under Section 323 I.P.C. and sentenced to period already undergone. They have not preferred any appeal against their conviction and sentence. Other three accused persons viz. Dhusa, Banchhu and Bhaju were acquitted of all the charges.

(3.) IN order to prove its case the prosecution has examined as many as 16 witnesses and proved several documents which were marked as Exts., while the defence has examined one witness and produced no document in evidence.