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2014 Supreme(Ori) 631

VINOD PRASAD, PRAMATH PATNAIK
Poti alias Sundarsingh Gond – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For the Appellant: M/s. Niranjan Panda and S.K. Rout
For the Respondent: Mr. S.K. Zafarulia (Addl. Standing Counsel)

JUDGMENT :

Pramath Patnaik, J.

This criminal appeal has been preferred challenging the impugned judgment dated 30.07.2012 passed by the learned Sessions Judge, Nabarangpur in Criminal Trial No. 11 of 2008 convicting the appellant under Sections 364/302/201, IPC and sentencing him to undergo R.I. for life and pay fine of Rs. 10,000/- and to undergo further R.I. for two years, under Section 302, IPC and to undergo R.I. for 10 years under Section 364, IPC and to undergo R.I. for two years, under Section 201, IPC and learned Sessions Judge directed all substantive sentences to run concurrently subject to set off all the period already undergone by the appellant convict as U.T.P. as per Section 428, Cr.P.C.

2. Shorn of unnecessary details, the prosecution case as revealed from the F.I.R. in a nut-shell is that on 11.09.2007 two small kids both aged about five years old namely Gudu, son of Manbodh Gond (P.W.9) and Dablu son of Kartik Gond (P.W.4) were found missing from the rear side of the house of the informant namely Duksai Gond (P.W.2) while they were playing. After being informed about the missing of the said two kids from his wife, P.W.2 along with others made frantic search in differ













































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