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1997 Supreme(Ori) 71

P.C.NAIK, R.K.DASH
BABAJI CHARAN SAHU – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.K.Mohapatra, G.N.MAHAPATRA, J.P.RATH, L.D.DAS, P.K.NAYAK, P.K.SAHU, S.MOHANTY

R. K. DASH, J.

( 1 ) BABAJI Charan Sahu and Pravasini alias Pravati Swain, the two appellants herein, stood charged under Sections 302 and 302/109, IPC respectively. On conclusion of the trial, the learned Sessions Judge, Cuttack, found both the appellants guilty of the offence as aforesaid and sentenced them to suffer imprisonment for life. Aggrieved by the judgment and order of conviction, they have preferred the present appeal.

( 2 ) THE prosecution case culled out during trial, may briefly be stated thus :dhadi Swain (hereinafter referred to as the 'deceased'), husband of appellant Pravasini, was earning his livelihood by working in the flour and flattened rice mill of Bipin Bihari Sahu, P. W. 1. On 22-5-90, the deceased as usual worked till 11 p. m. and then left for home, but within half an hour returned back to the mill premises and retired to bed. As it was Summer, P. W. 1 was sitting outside on a chair. In the meanwhile, both the appellants came near the mill premises and of them, appellant Pravasini called the deceased through P. W. 1. The other appellant Babaji stood at a little distance by the side of the road holding a bicycle. There was some discussion between the d












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