Judgment

Phukan, J.-Sixteen persons were booked for trial under Sections 302/149, 302/34, 341/149, 449, 451/34, 427/34 and 323 Indian Penal Code for causing death of deceased Bhagirathi Panda. The Sessions Judge, Koraput in Sessions Case No. 134/85 by judgment dated 2nd April, 1986 after appreciation of the evidence of 16 witnesses for prosecution and seven witnesses of defence came to the finding that the deceased met with homicidal death and accordingly convicted accused Dillip Kumar Chand under Section 302 I.P.C., accused Kishanlal Kamini, Manmo­han Das alias Manu Bangali, Prafulla Kumar Pradhan and Arjun Das Agrawala under Section 302/149 I.P.C. The trial Court also found accused Radheshyam Agrawala, Uttam Kumar Behra, Devi Misra, Babuli alias Sudhansu Sekhar Das guilty and convicted them under Section 451 and 427 I.P.C. Other accused persons were found not guilty and acquit­ted them.

2. Accused Dallip Kumar Chand was sentenced to death. Accused Kishan­lal Kumini, Prafulla Kumar Pradhan, Manmohan Das alias Manu Bangali and Arjun Das were sentenced to under go imprisonment for life. The trial Court, however, sentenced Radheshyam Agrawala, Uttam Kumar Behera, Devi Misra, Babuli ali