KABI ALIAS AKSHAYA KUMAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) BOTH the appeals having arisen from out of the judgment and order dated 23-7-1990 passed by learned 2nd additional Sessions Judge, Cuttack in S. T. Case No. 46 of 1990, they were heard analogously and disposed of by this common judgment.

(2.) THE appellant stood trial for the offence u/ss. 302 and 201 of the Indian Penal Code (in short, 'ipc') for committing murder of one Sarat Chandra Bhoi and causing disappearance of evidence.

(3.) THE trial Court while acquitting the accused-appellant of the charge u/s. 302, ipc convicted him u/s. 304 (11) and Section 201, IPC and sentenced him to undergo R. I. for five years and two years respectively. The appellant assailing his conviction u/s. 304 (11) and Section 201, IPC has preferred the present Criminal Appeal. The State impugning the order of acquittal of the charge u/s. 302, IPC has filed the Govt. Appeal.