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2022 Supreme(Ori) 371

S.MURALIDHAR, R.K.PATTANAIK
Kuna @ Bhagwan Patra – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Prem Kumar Mohanty, Mrs. Sunanda Biswal, Advocate
For the Respondent: Mr. J. Katikia, Adv.

JUDGMENT :

Dr. S. Muralidhar, J.

1. These appeals are directed against an order dated 19th January, 2012 passed by the Additional District and Sessions Judge, Fast Track Court, Rourkela in S.T. Case No.115/54 of 2010 convicting each of the Appellants for the offence punishable under Section 302/34 IPC and sentencing them to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs.3,000/-each and in default to undergo RI for one month.

Case of the prosecution

2. The case of the prosecution is that on 3rd May, 2012 at around 10 pm the informant Sribatchya Kumar Rout (PW 2) returned from his work and found that in front of his house, one Bharat Bahadur (hereafter the ‘deceased’)was lying with severe bleeding injuries on his body. On inquiry, the deceased informed him that both the present accused had caused the said injuries. Accordingly, an FIR was lodged at Sector 7 Police Station in Rourkela. Sri Jyotimaya Bhukta (PW 15) who was the Investigating Officer (IO) visited the spot and sent the injured for medical examination. He arrested the accused persons on 6th May, 2010 and seized the wearing apparels. From the spot, he seized the sample earth, blood-stained earth and the blo

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