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2016 Supreme(Ori) 940

I.MAHANTY, BISWAJIT MOHANTY
Niranjan Rout – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/s.Ajaya Ku. Pradhan and S.K.Swain
For the Respondent: Mr. L.Samantaray (Standing Counsel)

JUDGMENT :

Biswajit Mohanty, J.

The present Criminal Appeal is directed against the judgment dated 27.6.2003 pronounced by the learned Addl. Sessions Judge, Jajpur in Sessions Trial No.592/54 of 2000 arising out of G.R. Case No.936 of 1999 from the file of learned S.D.J.M., Jajpur convicting the appellant under Sections 498 A/302 of I.P.C. and under Section 4 of the D.P. Act, 1961. Vide impugned judgment, for the offence under Section 498 A IPC, the appellant has been sentenced to undergo R.I. for 2 years and to pay a fine of Rs.2,000/-and in default of payment of fine to undergo further R.I. for 2 months and for the offence under Section 302 IPC, the appellant has been sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/-, in default of payment whereof to further undergo R.I. for 5 months. No separate sentence has been awarded for the offence under Section 4 of the D.P. Act, 1961. However, the learned trial court has directed that both the above noted substantive sentences are to run concurrently.

2. Prosecution story in brief is that the appellant was married to the deceased-daughter of P.W.7 in or around in 1998 in the month of July in Mahabinayak temple of Chandik























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