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2017 Supreme(Ori) 644

BISWAJIT MOHANTY
Aiban Dehury – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Appellant : Mr. Radharaman Das Nayak
For the Respondent: Mr. L.Samantaray (Standing Counsel)

JUDGMENT :

BISWAJIT MOHANTY, J.

1. The appellant has preferred the present appeal challenging the judgment dated 14.5.2007 pronounced by the learned Sessions Judge, Keonjhar in Sessions Trial No.189 of 2006 convicting him under Section 304-Part-1 IPC. He has also challenged the sentence imposed on him whereby he has been directed to undergo R.I. for 10 years and to pay a fine of Rs.1,000/-, in default to undergo further R.I. for one month.

2. The allegation against the appellant is that on 2.9.2006 at 9.00 A.M., he intentionally committed murder of his sister-in-law-Hara Dehury. While the appellant is the eldest brother in the family, P.W.1 is the youngest brother in the family. The deceased Hara Dehury is the wife of the middle brother, namely, Tika. All the three brothers were staying together. The incident occurred on 2.9.2006. One day prior to the occurrence, the appellant took food at the house and started quarrelling with the deceased. On the date of occurrence, the appellant refused to take food and started quarrelling. He asked the deceased to trace out her husband, who had left the house to work in mines. In such background, the deceased left the house with a promise to searc

























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