JUDGMENT

S.K. Sahoo, J. - The matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Three appellants, namely, Sudarsan @ Aiban Naik, Saheba Naik and Bhagaban Rout along with one Babu @ Baijendra Naik faced trial in the Court of learned Additional Sessions Judge, Sambalpur in S.T. Case No.67/5 of 1989-92 for offence punishable under section 307 of the Indian Penal Code. The learned trial Court vide impugned judgment and order dated 28.01.1993 though acquitted accused Babu @ Baijendra Naik and appellants nos.2 and 3 namely, Saheba Naik and Bhagaban Rout of the charge under section 307 of the Indian Penal Code but found the appellants nos.2 and 3 guilty under section 323 of the Indian Penal Code and sentenced them to undergo R.I. for three months. Similarly, the appellant no.1 Sudarsan @ Aiban Naik was found guilty under section 307 of the Indian Penal Code as well as under section 323 of the Indian Penal Code and sentenced to undergo R.I. for a period of three years and R.I. for three months respectively with a further direction that the sentences are to run concurrently.

The learned counsel for the State produced a letter dated 21.09.2020 of the Inspector i