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2004 Supreme(SC) 171

B.N.AGARWAL, Y.K.SABHARWAL
Sashi Jena – Appellant
Versus
Khadal Swain – Respondent


JUDGMENT

B.N. Agrawal, J.-The appellants were convicted by trial court under Section 302 read with Section 34 of the Penal Code and sentenced to undergo imprisonment for life. On appeal being preferred, their conviction and sentence have been upheld by the High Court.

2. The short facts are that on 4.5.1986 at 5.30 p.m. one Trinath Behera, who was Gramrakhi of Village Golabandha, submitted a report at Buguda Police Station disclosing therein that on the same day at 12.30 p.m. one Sarasu Jena @ Salu, wife of appellant No.2 - Prasana Kumar Jena, committed suicide by hanging herself in her house. On the basis of this written report, Unnatural Death Case No.3 dated 4.5.1986 was instituted, but subsequently, after a few days, on receipt of postmortem report of the dead body of Salu, a case under Section 302 of the Penal Code was registered against unknown persons. The police, after registration of the case, took up investigation, examined witnesses and upon completion thereof, having found the instant case to be one of suicide and not homicide, submitted final report in favour of the accused persons on 27.10.1986 whereafter on 29.4.1987 Khadal Swain [PW 2], father of deceased Salu, filed

































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