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2022 Supreme(Ori) 641

S. MURALIDHAR, C. R. DASH
B. Srinu @ Bobilli Srinu – Appellant
Versus
State of Odisha – Respondent


Advocates appeared:
Mr. D.P. Dhal, Senior Advocate, for the Appellant; Mrs. Saswata Patnaik Additional Government Advocate, for the Respondent

JUDGMENT

Dr. S. Muralidhar, CJ. - Both these appeals are directed against the Judgment dated 12th April 1996, passed by the learned Additional Sessions Judge, Jeypore in Sessions Case No.73 of 1993, convicting the Appellants, i.e., the Accused No.3 (A-3), B. Srinu @ Bobili Srinu and Accused No.1 (A-1), B. Govinda @ B. Govinda Rao (in CRA No.123 of 1996) and Accused No.2 (A-2), Medi Srinu @ M. Sriniwas Rao and Accused No.4 (A-4), Allam Umashankar Rao (in CRA No.137 of 1996) respectively for the offence punishable under Section 302 read with Section 34 of IPC and sentencing them to undergo Rigorous Imprisonment (RI) for life. In addition to the sentence for imprisonment for life, Umashankar Rao (A-4) was also convicted for the offence punishable under Section 324 of IPC and was sentenced to undergo RI for six months.

2. At the outset, it must be mentioned that six persons were sent up for trial in the aforementioned Sessions case for causing the death of one Basa @ Bhaskar Rao by means of knives and other weapons in furtherance of their common intention.

3. It must be noticed here that while the Appellant No.2, B. Govinda @ B. Govinda Rao (in CRA No.123 of 1996) was enlarged on bail by

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