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2022 Supreme(Ori) 169

S.MURALIDHAR, R.K.PATTANAIK
Kailash Chandra Ojha – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Samir Kumar Mishra, Advocate
For the Respondent: Mr. Janmejaya Katikia, Adv

JUDGMENT :

S. Muralidhar, J.

1. This appeal is directed against the order dated 26th March 2011, passed by the Additional Sessions Judge, Fast Track Court No.3, Bhubaneswar, in C.T.(Sessions) No.8/46 of 2009, convicting the Appellant for the offence punishable under Section 302 of IPC and sentencing him to undergo imprisonment for life and also convicting him for the offence punishable under Section 498-A of the IPC and sentencing him to undergo Rigorous Imprisonment (RI) for three years. Both the sentences were directed to run concurrently.

2. The case of the prosecution was that one Silu Ojha (PW-7), the son of the Appellant, lodged a written report before the Inspector-In Charge (IIC), Mancheswar Police Station (PS) at around 8 pm on 6th November, 2008 and stating inter alia that the Appellant had abused and assaulted his wife the deceased, Bichitra Ojha, dragged her outside his Bari, poured kerosene over her body and set her on fire. She sustained severe burnt injuries on her body and was immediately shifted to the Capital Hospital. It was stated in the FIR that prior to the incident the Appellant was torturing the deceased both physically and mentally and assaulted her very often

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