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1984 Supreme(Ori) 146

B.K.BEHERA, K.P.MOHAPATRA
BHAGABAN KIRSANI – Appellant
Versus
STATE – Respondent


Advocates Appeared:
A.Rath, Rangadhar Behera, Y.S.Murty

BEHERA, J.

( 1 ) THE three appellants stand convicted under S. 302 read with S. 34 of the I. P. C. (for short, the 'code') for having committed the murder of Champa (hereinafter referred to as the 'deceased') on June 1, 1982, in a jungle and under S. 201 read with S. 34 of the Code for removing the dead body of the deceased and throwing it elsewhere. Each of the appellants has been sentenced to undergo imprisonment for life for their conviction under S. 302 read with S. 34 of the Code and to undergo rigorous imprisonment for a period of three years for their conviction under S. 201 read with S. 34 of the Code.

( 2 ) TO bring home the charges, the prosecution had examined eleven witnesses including Sukra Paiko (P. W. 5) who was said to be a witness to the occurrence. The plea of the appellants was one of denial. The appellant Mathura had claimed her ownership in respect of the ornaments (M. Os. I to VI) which, as the prosecution sought to establish, belonged to the deceased and had been recovered from the possession of this appellant in the course of investigation. The learned Sessions Judge accepted the prosecution case based on its evidence.

( 3 ) MR. Y. S. N. Murty, appearing












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