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2022 Supreme(Ori) 385

S.MURALIDHAR, R.K.PATTANAIK
Bansidhara Nayak – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Anupama Nayak, Advocate
For the Respondent: Mr. J. Katikia, AGA

JUDGMENT :

R.K. Pattanaik, J

1. Instant Appeal is filed by the Appellant questioning the legality and judicial propriety of the impugned judgment dated 6th July, 2012 promulgated in C.T. No.87 of 2010 by the learned Sessions Judge, Nabarangpur for having been convicted under Section 302 I.P.C. and sentenced to undergo rigorous imprisonment for life and pay a fine of Rs.5,000/-in default to undergo R.I. for a period of one year.

2. An F.I.R. was lodged on 10th May, 2010 by the Informant alleging that the Appellant father assaulted the victim (mother) by means of an axe, as a result of which, she died on the spot, consequent upon which, G.R. Case No.242 of 2010 was registered under Section 302 I.P.C. and on completion of investigation, he was chargesheeted for having caused murder of his wife. Then, the Appellant was committed to the learned court below for trial. The prosecution led evidence during the trial. The Appellant did not lead any evidence in support of his defence, rather, pleaded innocence and false implication. The learned court below finally held the Appellant guilty under Section 302 I.P.C. and accordingly, sentenced and convicted him thereunder followed by a sentence of

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