JUDGMENT :

S.K. Sahoo, J.

The petitioner Saheba Bisoi along with Duryodhan Bisoi, Mohan Bisoi, Sukuta Bisoi, Narayan Bisoi, Narahari Bisoi and Syama Bisoi faced trial in the Court of learned Assistant Sessions Judge, Bhanjanagar in Sessions Case No. 7 of 1994 for offences punishable under sections 148/307/149 of the Indian Penal Code.

The learned Trial Court vide impugned judgment and order dated 06.09.1994 while acquitting the co-accused persons of all the charges, found the petitioner guilty under section 307 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for five years.

The petitioner preferred an appeal to the Court of Session which was heard by learned Additional Sessions Judge, Bhanjanagar, Aska in Criminal Appeal No.36 of 1999 and vide impugned judgment and order dated 20.12.1999, the learned Appellate Court has been pleased to dismiss the Criminal Appeal, hence this revision.

2. The prosecution case, as per the First Information Report dated 05.06.1993 lodged by one Khadala Swain (P.W.7) is that on 04/05.06.1993 at about 11 p.m., P.W.7 slept on the open verandah of the house of his paternal uncle Kalu Swain (P.W.9). P.W.9 was also sleeping there near