SUBASH SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) When this case is taken up, an associate of Mr. Bijan Ray, learned Senior Advocate appears and states that in view of appearance of Mr. D. Das and associates as learned counsel for the appellant, they have no objection to delete their names and to hear fresh set of counsel engaged by the appellant.

(2.) This case is taken up for consideration of the bail application. In course of placing the'judgment and the evidence on record in furtherance of the prayer for bail, learned counsel for the appellant also requests to hear and dispose of the criminal appeal at this stage in view of no evidence available against the accused to sustain the order of conviction. Mr. Nanda, learned Additional Government Advocate does not concede to the contention of the appellant about absence of evidence but at the same time he has no objection if the appeal is heard and disposed of at this stage. Thus, on consent of both the parties, the criminal appeal is heard and disposed of in the following manner:

(3.) Accused has been found guilty of the offence of murder on the allegation that in the night of 27.2.2001, he intentionally committed murder of his wife, namely, Rupa Swain (hereinafter referred to as the 'deceased'). Learned Additional Sessions Judge, Jharsuguda in S.T. Case No.203/39 of 2001 recorded the order of conviction against the appellant and sentenced him to imprisonment of life.