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2016 Supreme(Ori) 1248

VINOD PRASAD, BISWAJIT MOHANTY
ANIL KUMAR MOHAPATRA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
N. Agrawal, for the Appellant; J. Katikia, Addl. Government Advocate, for the Respondent

JUDGMENT :

Biswajit Mohanty, J. - 1. This Criminal Appeal is directed against the judgment dated 21.9.2006 passed by the learned Additional Sessions Judge, Rourkela in S.T. Case No. 59 of 2005 convicting the appellant under Section 302 of the Indian Penal Code, 1860, for short, "the I.P.C." and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 2,000/- and in default to undergo rigorous imprisonment for one month. It is important to note here that the appellant along with his three relatives stood charged under Sections 498-A/304-B/302/201 read with Section 34 of the I.P.C. and Section 4 of the Dowry Prohibition Act, 1961. However, vide impugned judgment dated 21.9.2006, three relatives of the appellant were held not guilty of the charges levelled against them and were acquitted therefrom. So far as the appellant is concerned, he was also not found guilty of the charges levelled against him under Sections 498-A/304-B/201 read with Section 34 of the I.P.C. and Section 4 of the Dowry Prohibition Act, 1961.

2. The prosecution case in brief is that on 4.2.2005 at 12.30 P.M. on receipt of written report (Ext. 12) submitted by P.W.2 to the effect that one dead body of




























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