JUDGMENT

S. Panda, J. - This Criminal Appeal is directed against the judgment dated 16.08.19996 passed by the learned Addl. Sessions Judge, Cuttack in S.T. Case No. 122 of 1993 (arising out of G.R. No. 237 of 1991) in convicting the present appellant along with another person, namely Sarabjit Singh for commission of offence under Section 302/34 of the Indian Penal Code and sentencing them to undergo R.L for life.

2. The brief facts of the case as delineated in the judgment tend to reveal that on 10. 07.1991, the S. I. of Chandeli P.S. (P.W. 10) getting information regarding death of an unknown person, went to the spot, which was by the side of Sitagada Nala. He found the dead body of a Sikh person was lying in a bushy aread closed to the southern parapet of the bridge. He also found blood stains on the southern side of the pitch portion of the road and a trail of blood from the pitch portion to the spot, where the dead body was lying. One empty cartridge was lying on the eastern earthen plank of the road and another was lying near the dead body. He also noticed gun-shot injury on the person of the deceased. Accordingly, he drew up the plain paper FIR, registered a case and took up i