SUDAM DASH & ANOTHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal the appellants have challenged their conviction under section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as I.P.C. in brevity) and sentence to undergo imprisonment for life in the judgment dated 28.05.1999 passed by learned Additional Sessions Judge, Bhadrak in Sessions Trial No. 54/122 of 1998.

(2.) Prosecution case, in short, is that on 06.01.1997 at 6.00 P.M. at Chandabali Bazar, the informant was present in-front of a tea-cum- sweet stall with Hemanta Swain (P.W.6) and Balaram Das (P.W.7). Informant's cousin brother Prafulla Nayak (deceased) was also present at a distance. Present two appellants along with two others being armed with swords and revolver, suddenly attacked the deceased taking advantage of failure of electricity. Both the appellants dealt blows by means of sword. The deceased ran and entered inside a shoe stall. The informant when tried to intervene, he was threatened at the point of revolver. The public and shopkeepers panicked and fled away out of fear. Police on being informed rushed to the spot and in a vehicle shifted the injured- Prafull Nayak to Chandabali hospital, where he was declared dead by doctor (P.W.8).

(3.) The case was committed to the Court of Session keeping split up file against two absconders. The present two appellants faced trial for offence under section 302 read with 34 of the I.P.C.