DANDAPANI NAHAK Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment and order dated 13th May, 1993 passed by the 2nd additional Sessions Judge, Berhampur, in s. C. No. 29/92 (S. C. No. 28/92-GDC) convicting the accused-appellant under Sections 302 and 307, IPC and sentencing him to undergo imprisonment for life and rigorous imprisonment for three years respectively and directing the sentences to run concurrently.

(2.) BY judgment dated 2. 8. 1995 a collateral bench of this Court allowed this appeal in part by setting aside the conviction and sentence of the accused/appellant under section 302, IPC and maintaining the conviction and sentence of the appellant under section 307, IPC. The said judgment of this court was challenged before the apex Court in Criminal Appeal No. 1236/2003 (SLP (Cri)No. 4239/2003), the Apex Court by its order dated 24. 9. 2003 remitted the matter to this court for fresh adjudication. The relevant portion of the said order is quoted herein below.

(3.) THE appeal was accordingly placed before this Bench for re-hearing afresh.