JUDGMENT :

By the Bench The appellant Nityananda Sutar in JCRLA No. 47 of 2004, appellants Rahas Behari Moharana and Gobardhan Sutar in CRLA No. 80 of 2004, appellant Kartik Chandra Thatoi in CRLA No. 228 of 2004 along with co-accused Ramamani Sutar faced trial in the Court of learned Additional Sessions Judge, Kendrapara in S.T. Case No.22/373 of 2002 for offences punishable under sections 364, 302/34, 109/34 and 120-B of the Indian Penal Code on the accusation that in between 7.00 p.m. on 5.12.2012 and 4.30 p.m. on 06.12.2001 at village Kharianta, they in furtherance of their common intention kidnapped Sonu @ Santanu Sahani (hereafter ‘the deceased’) and committed his murder in pursuance of criminal conspiracy being abetted by appellant Gobardhan Sutar.

The learned trial Court vide impugned judgment and order dated 08.03.2004 though acquitted the co-accused Ramamani Sutar of all the charges but found the appellants Gobardhan Sutar and Rahas Behari Moharana guilty under section 302 of the Indian Penal Code, appellants Kartik Chandra Thatoi and Nityananda Sutar guilty under sections 302/120-B of the Indian Penal Code, appellant Nityananda Sutar guilty under section 364 of the Indian