BIJAYA KUMAR GOUDO Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant Saheb Goudo having died during pendency of the trial as recorded vide order dated 1.03.2007 in CRA No. 10 of 1998, the appeal against him stood abated.

(2.) Appellants of both the appeals are the convicts in the judgment dated 6.12.1997 in Sessions case No. 15 of 1997 passed by learned Sessions Judge, Ganjam- Gajapati, Berhampur. They were convicted under Sections 148/302 read with Section 149 of the Indian Penal Code (hereinafter referred to as I.P.C. in brevity) and under Section 3 of the Explosive Substances Act. For the offence under I.P.C. they were sentenced to life imprisonment for offence under Sections 302/149 I.P.C. and one year R/I for offence under Section 148 I.P.C. The appellants were also sentenced for R/I for three years for the offence under Section 3 of the Exclusive Substances Act. In both the appeals the said conviction and sentence are assailed, hence, this common judgment.

(3.) Prosecution case adumbrated in brief may be stated thus:-