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2021 Supreme(Ori) 96

D.DASH
Kangress – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Appellant :Sudipto Panda, Advocate
For the Respondents Defendant: Karunakar Dash, Addl. Standing Counsel

JUDGMENT :

D. Dash, J.

1. The Appellants faced the Trial in the Court of learned Additional Sessions Judge, Khurda in S.T. Case No. 14/85 of 1999 being charged for commission of offences under section-148/323/447/302/354/149 of the Indian Penal Code. Along with these Appellants, although five other accused persons had faced the said Trial, they have been convicted only for commission of offence under section-447 of the IPC.

    The present Appellants have been held guilty of commission of offence under section-447 and 302 of the IPC; and convicted thereunder. The Appellants thereby have been sentenced to undergo imprisonment for life for commission of offence under section-302 of IPC and for the offence under section-447 of the IPC, each of them has been sentenced to undergo rigorous imprisonment for a period of one month.

    The Appellants being aggrieved by the above judgment of conviction and order of sentence in the aforesaid Trial have filed this Appeal. The Hon'ble Division Bench of this Court having heard the Appeal delivered the judgment on 23.12.2020. The Bench delivered two judgments, while one of the Hon'ble Judges is of the opinion that the Appellants have been rightly convicted b

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