RUNU ALIAS GIRISH BUDEK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE judgment and order of conviction dated 4.12.2000 passed by learned Sessions Judge, Bolangir convicting the Appellants for the offence under Section 302 read with Section 34, IPC and sentencing each of them to undergo R.I. for life in Sessions Case No. 77(B) of 1999, is assailed in this appeal.

(2.) ON the basis of the F.I.R. lodged by Barun @ Barna Bhoi at Larmbha Out -post under Patnagarh Police Station in the district of Bolangir, P.S. Case No. 38 of 1999 was registered on 14.5.1999. The A.S.I. of Larambha Outpost took up preliminary investigation, which was subsequently handed over to O.I.C. Patnagarh Police Station. After completion of investigation and on fulfillment of all paraphernalias, charge -sheet was submitted against the Appellants for commission of offence under Section 302, read with Section 34, IPC in the court of learned SDJM, Patnagarh in G.R. Case No. 81 of 1999. Learned SDJM after going through the police records and on being satisfied that a prima facie case was made out, took cognizance of the offences and committed the case to the Court of Session for trial.

(3.) THE plea of the defence was one of complete denial of the allegations and the charges levelled against them. Each of the accused apart from specifically denying the alleged occurrence pleaded that in view of past enmity, false case has been foisted against them.