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2022 Supreme(Ori) 454

S. TALAPATRA, M. S. SAHOO
Padma Charan Sahu – Appellant
Versus
State of Odisha – Respondent


Advocates appeared:
Mr. N.N. Mohapatra, Advocate, for the Appellant; Mr. S.S. Kanungo, Additional Government Advocate, for the Respondent

JUDGMENT

S. Talapatra, J. - This is an appeal by the convict (hereinafter referred to as the 'Appellant') from the judgment and order of conviction and sentence dated 27.07.2016 delivered in Sessions Trial No.70 of 2013 by the Additional Sessions Judge, Chatrapur (Ganjam). By the said judgment, the Appellant has been convicted under Section 302 of the I.P.C. for committing murder of one Musa Das on 12.06.1999 at about 1 P.M. at village Gandala. Consequent upon the said conviction, the Appellant has been sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.30,000/- with default imprisonment of 6 (six) months. However, it has been noted clearly that the period of detention as undergone by the Appellant, shall stand set off from the substantive term of imprisonment.

2. Briefly stated the prosecution case is that on 12.06.1999 at about 1 P.M. at village Gandala, the Appellant had brutally assaulted Musa Das (the deceased) with deadly weapon. In the said assault, the deceased received several bleeding injuries. One Manoranjan Das (P.W.1), brother of the deceased informed the police orally of the occurrence. It has been disclosed in the oral report, as filed by Manoranj

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