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2021 Supreme(Ori) 98

S.MURALIDHAR, BISWAJIT MOHANTY
Sarathi Mahananda – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Nityananda Mohapatra.
For the Respondent: Mrs. S. Patnaik.

JUDGMENT :

S. MURALIDHAR, J.

1. This appeal is directed against the judgment and order dated 12th November, 2013 passed by the learned Additional Sessions Judge, Titilagarh (hereinafter ‘the trial Court’) in Sessions Case No. 15 of 2011 convicting the Appellant for the offence under Sections 302 IPC and sentencing him to rigorous imprisonment (RI) for life and to pay a fine of Rs. 25,000/- and in default of payment of fine, to further undergo RI for one year.

2. At the outset, it must be noted that the present Appellant along with his parents (Accused Nos. 2 and 3) faced trial having been charged for the offence under Sections 498A, 304B, 302 and 34 IPC. By the same impugned judgment of the trial Court Accused Nos. 2 and 3 were acquitted from the charges. The present Appellant was acquitted of the offence under Section 498A, 304B/34, IPC but was convicted for the offence under Section 302 IPC.

3. The case of the prosecution was that the Appellant was married to the deceased Harabati Besra in 2005 and soon thereafter the family members of the Appellant commenced ill-treating and torturing the deceased. The deceased then came to her father's house and remained there for a period of one y

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