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1999 Supreme(SC) 1134

G.B.PATTANAIK, S.N.PHUKAN
Bhera – Appellant
Versus
State Of Rajasthan – Respondent


(1) THE appellant has been convicted under Section 302 IPC and has been sentenced to imprisonment for life by the High Court on setting aside the order of acquittal by the learned Sessions Judge. As per the prosecution case on 27-2-1976 there was a gathering in the house of one Bhana and both the accused and the deceased had attended the said gathering. At that place the accused is said to have demanded from the deceased to repay the loan the deceased had taken which the deceased denied. Shortly, thereafter the accused and deceased left the place and started moving for their respective houses. PWs 2 and 3 were following them closely. On the road there was a quarrel between the accused and the deceased and then the accused suddenly brought out a knife and gave the blow on the chest of the deceased. PW 1 lodged the report at 9.00 a.m. next day at the police station, on the basis of which the investigation started and ultimately on completion of investigation charge-sheet was submitted. On being committed, the accused stood the trial. Though the prosecution examined as many as 13 witnesses, but the two important witnesses are PWs 2 and 3, who were following the accused and the


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