JUDGMENT

Pattanaik, J.-The appellant stood charged along with two other accused persons under Sections 147, 148, 302, 307, 326 and 324 read with Section 34 of the Indian Penal Code for having caused the death of Shankar on 2nd February, 1981 at 11 A.M. and injuring P.Ws. 2, 5 and 7 in course of the said incident. The Sessions Trial was registered as Sessions Case No. 94 of 1984. Prior to this case, in respect of the same incident, one Ankush Landya Kale was tried in Sessions Case No. 279 of 1982 and was acquitted by the learned Sessions Judge. The said order of acquittal became final, not having been challenged in any higher forum. Apart from these four accused persons, the prosecution alleged that there was another accused, who is still absconding and has not been arrested. So far as the three accused persons, who stood their trial in the case in hand, the learned Sessions Judge convicted the present appellant under Section 302 and sentenced him to imprisonment for life. So far as the charge under Section 302/34 or in the alternative Section 302/149 is concerned, the learned Sessions Judge acquitted the other two accused persons. So far as the charges under Section 302 read with Se