Judgement

L. MOHAPATRA, J. :- The Death Reference and Criminal Appeal arise out of the judgment and order dated 27-11-2007 passed by the learned Sessons Judge, Keonjhar in ST Case No. 15 of 2007. The accused-appellant has been convicted for commission of offence under Section 302 of the Indian Penal Code (in short 'I. P. C.') for committing murder of three persons namely, Gayadhar Ojha, Sailendra Swain and Jagadananda Mallik and has been sentenced to death for committing the said offence. He has further been convicted for commission of offence under Section 307, I.P.C. for attempting to commit murder of Banamati Khatua and Dinakrushna Das. The appellant having been sentenced to death for commission of offence under Section 302, I. P. C., no separate sentence was awarded for his conviction under Section 307 of the said Code.

2. As it appears from the record, on 23-7-2006 at about 7.30 p.m. the Officer-in-charge of Ramachandrapur Police Station (P. W. 14) received a telephonic message that one Gayadhar Ojha has been killed by the accused-appellant. Entering such information in the station diary, he immediately rushed to village Alati where the incident took place. At 8 p.m. the informa