BABU @ PRABHAT MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD further argument and the Judgment is as follows.

(2.) THE Appellant together with Kishore Kumar Mohanty and Manmohan Pradhan faced trial in the Court of Sessions Judge, Khurda at Bhubaneswar In S.T. Case Nos. 50/3/51 of 1997, arising out of G.R. Case No. 2689 of 1995 of the Court of S.D.J.M., Bhubaneswar. Amongst the aforesaid three accused persons, the Appellant and accused Kishore were charged for the offence under Sections 302/34 I.P.C. with the allegation that in the night of 23rd August 1995 at about 10.50 P.M. they along with the absconding accused Chitti @ M. Harihar Rao intentionally committed murder of Sayed Mahammed Anjum and thereby committed offence under Section 302/34 I.P.C. Accused - Manmohan Pradhan was charged under Section 212 I.P.C. with the allegation that during the course of absconding, he harbored absconding accused fully knowing his complicity in the murder of the deceased. Appellant and the co -accused facing the trial denied to the charge and claimed for trial.

(3.) IT appears from the impugned Judgment that Learned Sessions Judge, Khurda recorded that: