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1997 Supreme(SC) 1420

M.M.PUNCHHI, M.SRINIVASAN
Ashok Kumar Barik – Appellant
Versus
State Of Orissa – Respondent


ORDER

1. A considerable part of the judgment under appeal has been written by the High Court in compassionate tones towards the appellant not for the purposes of the Court but for the State Government to step in and give some remission or reprieve to the appellant.

2. The broad facts are these :

The deceased was a young girl, aged about 17 years on the day of the occurrence. The appellant, a young bright student was engaged to be her private tutor. Parties belong to the same village, about 50 kms away from the town of Cuttack. Having been young, they fell in love with each other. Their respective parents/guardians individually sent them to Cuttack for further studies. Their affection with each other grew. When discovered, it became a sore point with the parents of the deceased because she was from a slightly higher class being goldsmith and the appellant was from an inferior class being barber. Their prospect of matrimony was thus out of the question due to the hard stand taken by the family of the deceased. It is in these circumstances that the appellant allegedly became frustrated which manifested in his wanting to kill his beloved. He took the opportunity on the fateful day when




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