JUDGMENT

B. P. DAS, J. — This revision application is directed against the order dated 23.10.1998 passed by the learned Addl. Sessions Judge, Nayagarh in S.T. Case No. 96/23/150 of 1997-96 whereby accused Niranjan Mohapatra has been considered as an accomplice for commission of the offence punishable under Sec. 376 (2)(g), 302/201 read with Sec. 34, IPC.

2. The accused Niranjan Mohapatra, was the brother of the deceased Namita, and was made an accomplice in the aforesaid case. His statement was also recorded under Sec. 164, Cr.P.C. According to learned Addl. Sessions Judge, said statement of Niranjan Mohapatra was ex-culpatory and on scrutinising the evidence on record, learned Addl. Sessions Judge found that the said Niranjan Mohapatra had no involvement in the alleged crime, but only took part in cremating the dead-body of Namita, who was no other than his sister, for this, he was charge-sheeted under Secs. 201/34, IPC. Neither the investigating agency made any effort to make the accused Niranjan an approver or tendering pardon under Secs. 306, Cr.P.C. nor has he been examined in the Court during the trial of the case. The learned trial Court on evaluating the evidence on record