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2021 Supreme(Ori) 184

S.MURALIDHAR, B.P.ROUTRAY
Bhikari Behera @ Pakhun – Appellant
Versus
State Of Orissa – Respondent


Advocates Appeared:
Mr. Anirudha Das and Associates, for the Appellant; Mr. J. Katikia, Additional Government Advocate, for the Respondent.

JUDGMENT

B.P. Routray, J. - The judgment of conviction and sentence dated 7th July, 2018 of the learned Additional Sessions Judge, Patnagarh passed in Sessions Case No.10 of 2016 has been assailed in the present appeal.

2. The Appellant along with another co-accused faced trial being charged under Sections 493/417/302/201/120-B/34 of the Indian Penal Code (in short "I.P.C.") and Section 3(2)(v) of SC and ST (PoA) Act, 1989. While the other co-accused has been acquitted, the present appellant is convicted for commission of offences under Sections 302, 201 of the I.P.C. along with Section 3(2)(v) of SC and ST (PoA) Act and sentenced for life imprisonment.

3. Prosecution story in brief is that, Appellant Bhikari Behera @ Pakhun and the deceased, a girl aged around 18 years were in love relationship. Both of them belong to same village-Bagiharan. On 21st August, 2015 night all the family members of deceased went to sleep after taking their dinner. On the next morning they found the deceased was missing in the house. They searched for her but could not find her. On 25th August, 2015 a telephone call was received by the sister of the deceased (P.W.4) from mobile No.7683897900 (as mentione

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