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2021 Supreme(Ori) 205

S.K.SAHOO
Umesh Bagh – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Mrs. Sonali Das, for the Appellant; Mr. Arupananda Das; Addl. Govt. Advocate, for the Respondent.

JUDGMENT

S.K. Sahoo, J. - The appellant Umesh Bagh faced trial in the Court of learned Chief Judicial Magistrate -cum- Assistant Sessions Judge, Sundargarh in Sessions Trial No.87/60 of 2015 for commission of offences punishable under sections 341, 323, 294, 506 and 307 of the Indian Penal Code.

The learned trial Court vide impugned judgment and order dated 11.04.2018 though acquitted the appellant of the charges under sections 341, 294 and 506 of the Indian Penal Code but found him guilty under sections 323 and 307 of the Indian Penal Code and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.1,000/- (rupees one thousand), in default, to undergo further simple imprisonment for two months under section 323 of the Indian Penal Code and to undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo further rigorous imprisonment for one year for the offence under section 307 of the Indian Penal Code and both the sentences were directed to run concurrently.

2. The prosecution case, as per the first information report lodged by one Ugrasen Bagh (P.W.1) before the Inspector in-Charge of Hemgir po

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