At this juncture, it may be mentioned that along with the appellant, two other persons namely, Kata Chandra Behera and Prafulla Kumar Biswal being arraigned as accused had faced the trial and they have been acquitted of the charges. The appeal being admitted on 07.08.1990, on 14.11.2007 when it came to be heard by this Court, having heard the appeal in part, this Court then appointed Mr. G. Mishra, Advocate to address as to whether it is a fit case for exercise of suo moto revisional power as against the acquittal of the appellant and those two accused of the charge under section 302/114 read with section 34 of the IPC. On 20.11.2007, this Court upon hearing learned counsel for the appellant, learned Adll. Government Advocate and Mr. G. Mishra who had been engaged on the earlier date and on perusal of the evidence of eye witnesses as also the dying declaration, Ext.3 took a view that it is a fit case for exercise of suo moto revisional jurisdiction under section 401 of the Cr.P.C. Accordingly, notice has been issued to the appellant as well as the acquitted accused persons namely, Kata Chandra Behera and
