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2017 Supreme(Ori) 1295

I.MAHANTY, B.MOHANTY
Swadesh Ranjan Swain – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For Appellant :M/s. Dr. Gangadhar Tripathy (Sr. Advocate), M.M. Das, S. Satapathy, J. Tripathy, A.Das & S.P. Kar.
For Respondent:Ms. S.Pattnaik (Addl. Government Advocate)

JUDGMENT

BISWAJIT MOHANTY, J. - The present Criminal Appeal is directed against the judgment dated 1.10.2007 passed by the learned Sessions Judge, Koraput at Jeypore in Criminal Trial No. 416 of 2004 convicting the appellant under Sections-364A/302/201, I.P.C. Vide the impugned judgment, the appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/-, in default, further to undergo Rigorous Imprisonment for two years under Section -302, I.P.C. No. separate sentence has been awarded for the offences under Sections- 364 A & 201, I.P.C.

2. The prosecution story in brief is that on 19.5.2004, P.W. 4, who happens to be the mother of the deceased, received a phone call at 9.30 A.M. to send someone to collect rice sample from the shop of P.W. 5. Accordingly, she sent her deceased son to the shop of P.W. 5 and the deceased, who is aged about 14 years, went to the shop of P.W.5 by his bicycle. When the deceased son did not return, P.W.4 rang to the shop of P.W. 5, who denied to have called over phone. Accordingly, P.W. 4 asked him to send her son back. At 12.00 Noon, another call was received by father of the deceased, namely, P.W. 6 and the caller discl











































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