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2022 Supreme(Ori) 92

C.R.DASH, M.S.SAHOO
Pilku Pangi @ Piluku, S/o. Late Singaru Pangi – Appellant
Versus
State of Orissa (Home Department) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mrs. Sonita Biswal, Advocate
For the Respondent:Mrs. Saswata Pattnaik, Addl. Government Advocate

JUDGMENT :

C.R. Dash, J.

The sole convict is the appellant. He has been convicted for the offence under Section 302 IPC and sentenced to suffer R.I. for life and to pay a fine of Rs.10,000/-(Rupees ten thousand), in default to suffer R.I. for further period of one year. The fine amount is directed to be paid to the informant-Bute Khora-P.W.2, daughter of the deceased and Kesu Khora, widow of the deceased as compensation under Section-357 of Cr. P.C.

2. The occurrence happened at about 9 P.M. in the night of 10.05.2013. Bute Khora (P.W.2) reported the matter in Pottangi Police Station on 11.05.2013 at about 10 A.M.

3. The prosecution case as unfolded shows that, in the previous night about 9 P.M., when the informant’s father Sandara Pangi was sleeping on the Varandah of his house, convict Pilku Pangi (present appellant) with his wife Bunde Pangi (since acquitted), started assaulting him. Hearing the sound of assault, she (informant) came out from the house and tried to free her father from the clutches of Pilku Pangi (appellant) and his wife Bunde Pangi. The informant was also assaulted by the culprits.

4. Regarding the manner of assault, it is alleged that, while Bunde Pangi caught hold

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