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2016 Supreme(Ori) 365

VINOD PRASAD, BISWANATH RATH
Sudarsan Barik – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : M/s. Debasnan Das, R.K. Mallick, S. Moharana, S.S. Pattanaik.
For the Respondent:Mr. J. Katkia, Additional Government Advocate.

JUDGMENT :

Biswanath Rath, J.

1. In the aforesaid appeal, the appellants have assailed the judgment and order passed by the 1st Addl. Sessions Judge, Puri in S.T. Case No. 28/107 of 2007 sentencing both of the appellants Sudarsan Barik and Sukanta Mallick @ Sukanta Kumar Mallick to undergo imprisonment for life and to pay fine of Rs.10,000/- (Rupees Ten thousand only) each and in default to undergo R.I. for two years more, for committing offence under Section 302/34 of I.P.C. with further sentencing them to undergo S.I. for two years each for offence under Section 9(B) of Indian Explosive Act. All the sentences are to run concurrently.

2. The prosecution case as per the written report submitted by the informant one Ananta Parida reveals that the accused persons namely Raju @ Rajendra Das, Kalia Sahoo, Suratha Behera, Puria Behera, Sudarsan Barik (Present Appellant No.1), Hemanta Barik, Sukanta Mallick @ Sukanta Kumar Mallick (Present appellant No.2), Subash Malik & Akrura Mohapatra hatched out a plan to commit murder of the deceased Ajaya Parida and accordingly, on 29.08.2005 at about 1.30 P.M. they exploded bombs near Hat Delanga Out Post and in the same process, they chased the dece





































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