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2016 Supreme(Ori) 1058

VINOD PRASAD, BISWANATH RATH
Bali Naik – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Appellant:Mr. Nilakantha Panda, Advocate.
For Respondent:Mrs. Saswata Pattnaik, Addl.Govt. Advocate

JUDGMENT

VINOD PRASAD, J. - Challenge in this appeal by the two appellants Bali Naik/A1 and Budura Chalan/A2, is to the impugned judgment of their convictions u/Ss.302/394 I.P.C. and sentence of life imprisonment with fine of Rs.5000/- (Rupees Five Thousand) and in default to pay the fine to serve additional years (Two years) imprisonment on the first count, 5 (Five years) RI and to pay a fine of Rs.2000/- (Two Thousand) and in default in payment of fine to serve further 1 year (One Year) RI implanted by Additional Sessions Judge, Fast Track Court District Jeypore, in Criminal Trial No.38 of 2006, State versus Bali Naik and another (C.T. 101/06 of Sessions Judge Court) vide impugned judgment and order dated 21.12.2006, which Sessions Trial had arisen from G.R. Case No.799 of 05 of S.D.J.M., Jeypore relating to Jeypore Sadar P.S. Case No.173 of 05. Learned Trial Judge had further directed that the default sentence shall commence first to be followed by substantive sentences which shall run concurrently.

2.A priory, resurrecting prosecution allegations against the appellant, as are apparent from the disgorged testimonies of fact witnesses during the Sessions trial, it emerges that on























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