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2021 Supreme(Ori) 106

S.K.MISHRA, SAVITRI RATHO
Gagan Bihari Das – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Mr. Satyabrata Panda, Advocate, for the Appellant; Mr. Arupananda Das, Aga, for the Respondent.

JUDGMENT

S.K.Mishra, J.- In the aforesaid appeals, the appellants assail their conviction and sentence to undergo imprisonment for life under section 302/34 of the Indian Penal Code and R.I. for 10 years under section 364/34 of the Indian Penal Code recorded by the learned 2nd Additional Sessions Judge, Puri in S.T. Case No.09/156 of 1999, as per the judgment of conviction and order of sentence dated 21.11.2002.

2. Bereft of unnecessary details, the case of the prosecution is that on 11.04.1998 at about 4 P.M. the appellants took Babu Sahu, the brother of the informant from his house. As the brother of the informant, Babu did not return till late night, the informant and his family members searched for him during night, but could not trace him out. On the next morning at about 6 A.M., Babu Sahu was shifted by driver Babu Mallik in his mini truck bearing No.OR-02-C-648 in injured and unconscious condition. The victim, Babu Sahu had sustained multiple bleeding injuries. Thereafter, he was shifted to Charichhak Hospital wherefrom on being advised by the Medical Officer, Charichhak he was removed to SCB Medical College & Hospital, Cuttack. At that juncture the informant had lodged the F.

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