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2021 Supreme(Ori) 159

S.K.MISHRA, SAVITRI RATHO
Dwaru Patra (dead) – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Mr. D.P. Dhal, Sr. Advocate, for the Appellant; Mr. A.K. Nanda, AGA, for the Respondent.

JUDGMENT

S.K. Mishra, J. - A gory episode of killing of three persons has been reported in this case. It appears from the record that three persons were murdered by the appellants for property dispute.

The appellants, namely, late Dwaru Patra and his wife appellant no.4, namely, Bedamati Patra and their sons Mahendra Patra, Indra Kumar Patra have been convicted by the learned Additional Sessions Judge, Balangir in Sessions Case No.28/11 of 1997 as per the judgment dated 02.06.1998 convicting them for the offence under Section 302/149 and also for the offences under Sections 148, 143 and 324 of the Penal Code and sentencing each of them to undergo imprisonment for life. The appellant no.4, namely, Bedamati Patra has also been convicted for the offence under Section 304 of the Penal Code and has been sentenced to undergo imprisonment for six months for that offence.

Dwaru Patra died during pendency of the appeal. The appeal abates as far as he is concerned as per the order of this Court on 24.08.2020.

2. The prosecution alleged that the three deceased, namely, Jhalia Karmi, Khageswar Karmi and Parameswar Karmi, and four injured persons, namely, Ramesh Karmi, Umesh Karma, Sabita Karmi an

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