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2022 Supreme(Ori) 214

S.MURALIDHAR, R.K.PATTANAIK
Kanhu Charan Panda – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Appellant : Mr. B.K. Ragada.
For the Respondent:Mr. P.K. Muduli Addl. Government Advocate.

JUDGMENT :

S. Muralidhar, J.

1. This appeal is directed against the judgment and order dated 29th November, 2006 passed by the Additional Sessions Judge, Nayagarh in S.T. Case No.107/2005 convicting the Appellant for the offence punishable under Section 302 Indian Penal Code (IPC) and sentencing him to rigorous imprisonment (RI) for life and to pay a fine of Rs.5,000/- and in default to undergo RI for a further period of six months.

2. It must be mentioned at the outset that the FIR in this case was lodged on 31st May, 2004 and the Appellant was arrested nearly a month later on 30th June, 2004. He is stated to have remained in custody since then. This being a double murder of a woman and her infant son, the Court was not inclined to enlarge the Appellant on bail when it heard his bail application on 27th January, 2020.

3. This is a case based on circumstantial evidence. The case of the prosecution was that the deceased Sanju was the wife of one Prahalad Panda of village Kendupali. The deceased Krushna is a minor son. On 29th May, 2004 both Sanju and her son were found missing from their village and could not be traced. On the next day, the dead bodies of a child and female were found l

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