JUDGMENT

A.K. Mohapatra, J. - The present criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 is directed against a judgment of conviction and sentence dated 25th day of September, 2017 passed in Crl. Trial No.29 of 2011 by the learned Additional Sessions Judge, Bhubaneswar, whereby the Accused-Appellant has been found guilty of offence under Sections 302/394 of Indian Penal Code (in short the 'I..P.C.') and accordingly he has been sentenced to undergo imprisonment for life with payment of fine of Rs.5,000/- (Rupees five thousand) only in default to undergo R.I. for six months for the offence U/s.302 of I.P.C.. Further sentence to undergo R.I. for 10 years with payment of fine of Rs.3,000/- (Rupees three thousand) only in default to undergo R.I. for six months for the offence u/s.394 of I.P.C. Both the sentences shall run concurrently.

2. The prosecution case, in brief, is that on 31st August, 2010, a written FIR was lodged before the ASI of Khandagiri P.S. against an unknown accused person. In the FIR, it is stated by the informant that on 31st August, 2010 at about 9.30 A.M. while he was working as ASI of Khandagiri P.S., he along with Havildar Bharat Ch. M