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2022 Supreme(Ori) 415

S. MURALIDHAR, C. R. DASH
Sanmat Kumbhar – Appellant
Versus
State of Odisha – Respondent


Advocates appeared:
Mr. Pradip Kumar Dhal, Advocate, for the Appellant; Mrs. Saswata Patnaik, Additional Government Advocate, for the Respondent

JUDGMENT

Dr. S. Muralidhar, CJ. - This appeal is directed against the judgment dated 14th September, 2009 passed by the Additional Sessions Judge, Titilagarh in S.C. No.27 of 2006 convicting the Appellant for the offences punishable under Sections 302 and 376 (2)(f) of the I.P.C. and sentencing him, for the offence under Section 302 I.P.C., to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs.2,000/- and in default to undergo RI for one year; and for the offence under Section 376 (2)(f) I.P.C., to undergo RI for 10 years and a fine of Rs.2,000/- and in default to undergo RI for one year. The Appellant was also convicted under Section 201 I.P.C. and sentenced to undergo RI for 7 years and to pay a fine of Rs.2,000/- and in default to undergo RI for one year. All the sentences were directed to run concurrently.

2. The case of the prosecution is that on 13th February, 2006 at around 10 am, the Appellant-accused visited the house of the informant-Bada Bibhar (P.W.22) and talked with his grand- daughter, the deceased (Sima Bibhar) aged 6 years. The Appellant then called the deceased and Durjan, the grandson of P.W.22 to eat chana (nuts) in his house. While the accused wa

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