(1.) HEARD further argument. Hearing is concluded and the judgment is as follows:
(2.) KHADAL Biswal has preferred Jail Criminal Appeal No. 142 of 2004 and Pankaj Ku. Nahak has preferred Criminal Appeal No. 331 of 2004 respectively challenging the common judgment and order of conviction under Section 302/34 Indian Penal Code recorded against them by Learned Addl. Sessions Judge, Berhampur in Sessions Case No. 6 of 2001 (S.C.15/2001 GDC) arising out of G.R. Case No. 237 of 1999 of the Court of J.M.F.C., Kodala. Therefore, both the appeals are taken up for analogous hearing and this common judgment shall abide the result of both the appeals.
(3.) ACCUSED persons, three in numbers, were alleged for the offence under Section 302/34 Indian Penal Code. Amongst them, accused Babulu being an absconder trial of the Sessions case was taken up only against the present Appellants.