Judgment

S.K. Sahoo, J.

The appellant Kuna @ Chhabindra @ Ramesh Palaru along with Balia @ Balabhadra Behera (appellant no.2 in this Criminal Appeal in respect of whom the appeal has abated on account of his death as per order dated 11.8.2014) were charged under section 302 read with section 34 I.P.C. by learned Additional Sessions Judge, Khurda in S.T. Case No.2/419 of 1996/95 for committing murder of Laxmidhar Palaru @ Patnaik (hereafter referred to as “the deceased”) on 22.4.1995 during the evening hours at village Baghamari. Both of them were found guilty under section 302 read with section 34 I.P.C. by the learned trial court vide impugned judgment and order dated 3.8.1996 and sentenced to undergo imprisonment for life.

2. The prosecution case, in short, as per the F.I.R. lodged by one Trinath Patnaik (P.W.2) on 24.4.1995 at about 1.30 P.M. at Khurda Police Station is that there was boundary dispute between the family of the informant with his neighbour Benga Bewa since last two years, for which civil litigation is pending in Court. The informant happens to be the brother of the deceased. The civil case was turning in favour of the informant and as the deceased was looking after