ARIJIT PASAYAT, D.M.PATNAIK
TURUKU BUDHA KARKARIA – Appellant
Versus
STATE – Respondent
PASAYAT, J.
( 1 ) IN this appeal from the district Jail, Koraput, Turuku Budha Karkaria (hereinafter described as the 'deceased' (accused?)) calls in question his conviction under Sections 302, 404 and 201 of the Indian Penal Code, 1860 (in short, the 'ipc') and sentence of imprisonment for life as awarded by learned Sessions Judge, Koraput, Jeypore for offence punishable under Section 302, IPC. No separate sentence for the offences punishable under Sections 404 and 201, IPC was imposed.
( 2 ) STATED in brief, the prosecution case is that one Culuma Naikani (hereinafter, described as the deceased') was a resident of village Bhatanagapadar. Sanurjaya Naik (P. W. 15) is the husband while Bhima Naik (P. W. 7) is the son of the deceased. A weekly market is held on Mondays at Ambadola which is nearby village of the deceased. On 21-10-1985 which was a Monday, the deceased went to the market wearing some gold and silver ornaments, and carrying a basket and some cash. Her husband and son who were engaged in agricultural work did not accompany her, and she went alone. Since the deceased did not return for a long time, they searched for her in many places. While the search was continuing,
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