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1992 Supreme(Ori) 38

B.N.DASH, J.M.MAHAPATRA
BINDER MUNDA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
A.Routray, H.K.Jena

J. M. MAHAPATRA, J.

( 1 ) THE appeal is directed against the judgment and order of the learned Sessions Judge, Sundargarh convicting the appellant under S. 302, IPC and sentencing him to imprisonment for life.

( 2 ) THE deceased is the son of the appellant through his first wife, on whose death the appellant married a second wife through whom two sons and one daughter were born and they are living in the same compound. It is alleged that there was some dissension between the appellant and the deceased, as the appellant did not pay the Pana money to the father of the wife of the deceased, promised to be given at the time of the marriage, which system was customary in the community to which the parties belonged. The occurrence took place on the night of 2-4-87 inside the residential compound of the parties. it is alleged that the appellant assaulted the deceased by means of a Falsia causing severe injury on his neck resulting in his death. Information was lodged by P. W. 1, the younger brother of the deceased as also the son of the appellant at Koida P. S. in Sundargarh district. P. W. 6, the Officer-in-charge, Koida P. S. recorded the FIR Ext. 7 registered a case against the appel









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