Judgment

Pinaki Chandra Ghose, J.

1. This appeal under Section 379 of the Code of Criminal Procedure, 1973 read with Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, has been preferred against the judgment and order dated 17.9.2008 passed by the High Court of Orissa at Cuttack in Government Appeal No.18 of 1995, filed by the State against the acquittal of the appellant herein. The High Court by the impugned judgment allowed the Government appeal and convicted the appellant for offence under Section 302/34 of the Indian Penal Code (“IPC”) and sentenced him to imprisonment for life.

2. The facts pertinent to the present case, as unfolded by the prosecution, are that Upendra Pradhan, Debendra Pradhan and Rabindra Pradhan are sons of Sanatan Pradhan and Jamadevi is his wife. Sanatan Pradhan and his younger brother Brundaban are having title deeds of their lands standing in their names jointly. They possessed land on an amicable division. According to the prosecution story, a dispute arose between Sanatan Pradhan and his younger brother Brundaban when Brundaban did not yield to the request of Sanatan Pradhan to hand over the Patta of their lands to