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2022 Supreme(Ori) 93

C. R. DASH, M. S. SAHOO
Santosh @ Khudi Minz, S/o. Etwa Minz – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Jugal Kishore Panda, Advocate
For the Respondent: Mr. Sk. Zafrulla, Addl. Standing Counsel

JUDGMENT :

C.R. Dash, J.

This appeal is directed against the Judgment of conviction dated 17.08.2016 and order of sentence dated 19.08.2016 passed by learned Sessions Judge, Sundargarh in S.T. No.115 of 2014. Both the appellants were tried under Section-302 read with Section-34 of the Indian Penal Code (“IPC” for short) and each of them were sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000/-(Rupees ten thousand) in default, to suffer further R.I. for two years.

2. The occurrence happened on 05.05.2014. P.W.6, who happens to be the cousin brother of the deceased, is the informant. Stated succinctly, the prosecution case runs as follows:-

The deceased-Kalkati Hans got married to appellant No.1-Santosh @ Khudi Minz in the year 2006. Few days after the marriage, aforesaid appellant No.1 wanted to kill his wife (deceased). Therefore, the deceased came to the house of her father and returned to her matrimonial house after settlement of the issue.

On 05.05.2014, around 2 P.M., the informant (P.W.6) and family members of the deceased came to know that, the deceased has been murdered by the appellants. It is pertinent to mention here that, the parents of the deceased live

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