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2022 Supreme(Ori) 72

B.P.ROUTRAY
Tuku @ Abdul Naim Khan – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Mr.R.C.Maharana, Advocate, for the Appellant, Mr.J.Katikia, AGA, for the Respondent.

JUDGMENT

B.P. Routray, J. - All the six Appellants in the above appeals have been convicted under Section 302/34 of the I.P.C. in the same trial i.e., S.T.CaseNo.4/82 of 2007. Further, the Appellants in CRLA Nos.241, 234, 289 and 288 have been convicted under Section 27 of the Arms Act additionally. They have been sentenced to undergo R.I. for life for the offence under Section 302 of the I.P.C. and R.I. for a period of seven years under Section 27 of the Arms Act.

2. All the Appellants along with two others were prosecuted in S.T.CaseNo.4/82 of 2007 in the court of learned Additional Sessions Judge, Bhubaneswar.

3. Prosecution case is that, the deceased namely Chuna @Mallik Hanan was killed by Sk Hyder (since dead) and his associates on 31st May, 2005 between 7.30 to 7.45 P.M. by gunshot firing near Stewart School, Bhubaneswar due to group rivalry relating to tender fixing. The Inspector-in-Charge (P.W.47) of Nayapalli Police Station upon receipt of telephonic information of the incident immediately proceeded to the spot and found the deceased lying dead in front of the tyre-shop of one Tahir Alli. P.W.47 drew the plain paper F.I.R., which was registered as Nayapalli P.S.Case No.157

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