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2001 Supreme(SC) 876

SHIVARAJ V.PATIL, M.B.SHAH
Bibhachha – Appellant
Versus
State Of Orissa – Respondent


JUDGMENT

Shivaraj V. Patil, J.-This appeal is directed against the judgment of the High Court of Orissa confirming the judgment of conviction and order sentencing the appellant to suffer life imprisonment. The appellant was the sole accused.

2. Briefly stated, the prosecution case is that on 16.11.1989 Damodar Patel (PW-1) while had gone to respond the call of nature found one dead body lying on the sandy riverbed of Hati River. There was only chaddi on the dead body. The pant and shirt were lying at a distance from the dead body and one motorcycle was kept by the side of the pillar of the bridge. PW-1 came to the village and told about the same to one Madhu Naik. Both of them went to police station at Jaipatna and orally reported the incident in the police station at Jaipatna. The report was reduced to writing. A U.D. case No. 9/89 was registered. The investigating Officer held inquest of the dead body and the same was sent to post-mortem. The dead body was identified to be of the deceased. After completion of the investigation, charge-sheet was laid. The appellant was tried for an offence under Section 302 IPC in the Sessions Court. The defence of



















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