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2021 Supreme(Ori) 19

S.K.MISHRA, PRAMATH PATNAIK
Ranjan Kumar Bisoi – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : D.P. Dhal, R. Dash, S.K. Tripathy, P.K. Routray, K. Dash, B.K. Panda.
For the Respondent: Mr. A.K. Nanda.

JUDGMENT :

S.K. MISHRA, J.

1. In this appeal, both the appellants, namely Ranjan Kumar Bisoi and Kalu @ Ranjit Kumar Gauda assail their conviction under Sections 302 and 201/34 of the Indian Penal Code, 1860 (hereinafter referred as the ‘Penal Code’ for brevity) and sentence to undergo imprisonment for life by the learned Sessions Judge, Kandhamal-Boudh, Phulbani in Sessions Trial No. 34 of 1998, as per the judgment dated 01.07.2002.

2. The prosecution case in brief is narrated as follows: The deceased Dhoba Muli, son of PW-8 Sasi Muli and PW-7 Bilas Muli was called by the appellant no. 1 Ranjan Kumar Bisoi from his house and thereafter Dhoba Muli was not found for several days. A missing report was lodged. Thereafter, PW-1, medical officer at Daringibadi Community Health Centre (C.H.C.) informed the police on 03.01.1995 that he was informed by some children that something was floating inside the waters of the well. He along with staff found a gunny bag floating in the waters of the well. The police came to the spot and brought out the floating object and found that a dead-body was inside. Then, he prepared inquest over the dead-body. The dead-body of Dhoba Muli was identified by the

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