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2012 Supreme(Ori) 296

PRADIP MOHANTY, S.K.MISHRA
Durjyodhan Jena – Appellant
Versus
State Of Orissa – Respondent


Advocates appeared:
For Appellant: Mr. Ramesh Chandra Mohanty
For Respondent: Mr. Sk. Zafuralla, Addl. Standing Counsel

JUDGMENT

PRADIP MOHANTY, J.

1. This appeal is directed against the judgment and order of the learned Addl. Sessions Judge, (Fast Track Court), Chhatrapur convicting the appellant under Sections 302 and 379 of the Indian Penal Code, for short the 'IPC', and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 1,000/- (Rupees one thousand), in default to undergo simple imprisonment for six months, for the offence under Section 302 of the IPC and rigorous imprisonment for two years for the offence under Section 379 of the IPC, in Sessions Case No. 4/2003/ S.C. 172/2002 GDC.

2. The case of the prosecution, bereft of unnecessary details, is that on 06.09.2001 at about 8:00 A.M. the deceased Mama Polei had been to her land. Her husband had been to nearby forest to bring thorn bush. At noon, two children of the deceased went to the land taking meals for the deceased. They could not get their mother there and came back. They intimated missing of their mother to their elder father (informant), who informed the fact to his brother (husband of the deceased) after his return. Then both the brothers searched for the deceased at 'Balipadar' as well as at her parental house but









































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