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2014 Supreme(Ori) 23

P.MOHANTY, D.DASH
Abhi – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: R.K. Nanda
For Respondents/Defendant: Sk. Zafarulla, Addl. Standing

JUDGMENT

D. Dash, J.

1. In both these appeals filed separately, the Appellants have called in question, the Judgment of conviction & sentence-passed by the Learned Sessions Judge, Sundergarh in S.T. No. 240 of 1998. These Appellants having faced the trial in the Court of Learned Sessions Judge being charged for offence under Sections 302/201/34 IPC have been convicted for said offences & they have been sentenced to undergo imprisonment for life & to pay a fine of Rs. 5,000 with default stipulation to undergo further imprisonment for the period of one year. The case of the prosecution is as under:-

The deceased Dasri Naik, who was the village level worker, was also the member of the Village Manila Samiti. She was staying with her son & family in their house at village Balijudi under Koira Police Station in the district of Sundargarh. It is said that there was dispute between the deceased in one hand & the accused persons on the other as the Appellants were suspecting that the deceased was practising witchcraft & such witchcraft being pressed into service, she was suspected to be instrumental in causing death of a member of the family of the Appellant-Nandu. The 8th day of August, 1988






















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