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1990 Supreme(Ori) 284

K.P.MOHAPATRA, J.M.MAHAPATRA
K. SUBRAMANIYAM RAO – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
P. Palit and J. Patnaik, for the Appellant; S.S. Das, A.S.C., for the Respondent

JUDGMENT :

K.P. Mohapatra, J. - This appeal is directed against the judgment and order passed by the Additional Sessions Judge, Berhampur, convicting the Appellants under Sections 148, 326 and 302 read with Section 149, I.P.C. and one of them namely Appellant K. Prafulla Rao u/s 5 of the Explosive sustenances Act and sentencing them to undergo imprisonment for life and various other terms of imprisonment.

2. Prosecution case in brief is that on 25-4-1981 in the morning hours the student leaders of K.S.U.B. College of Bhanjanagar had to take out a procession from the college premises. The Officer-in-charge of Bhanjanagar Police Station (P.W. 23) along with another Sub-Inspector of Police (P.W. 22) proceeded to the college premises in a motor cycle in order to perform patrol duty so as to maintain law and order. When they arrived at the gate of the college premises, they heard the sound of a bomb explosion from inside the college campus and noticed that students who had gathered there were running here and there. They parked the motor cycle at the college gate and rushed inside the campus. They found P.W. 8, Panchanan running towards the college gate and noticed that he was bleeding fr































































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