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2022 Supreme(Ori) 664

S. MURALIDHAR, C. R. DASH
Dhabaleswar Gouda – Appellant
Versus
State of Odisha – Respondent


Advocates appeared:
Mr. P.C. Behera, Advocate, for the Appellant; Mr. J. Katikia Addl. Govt. Advocate, for the Respondent

JUDGMENT

Dr. S. Muralidhar, CJ. - This appeal is directed against a judgment dated 12th January, 2011 passed by the learned Additional Sessions Judge (Fast Track Court), Bhawanipatana in Sessions Case No.28/1 of 2010 convicting the Appellant for the offence punishable under Section 302 IPC and sentencing him to imprisonment for life and to pay a fine of Rs.5000/- and in default to undergo rigorous imprisonment (RI) for two years.

2. This Court has heard the submissions of Mr. Purna Chandra Behera, learned counsel appearing for the Appellant and Mr. J. Katikia, learned Additional Government Advocate for the StateRespondent.

3. The case of the prosecution is that on 13th October, 2009 Anirudha Gouda (PW 1), husband of the deceased and the father of the Accused went to purchase kerosene oil and returned at around 9 am by which time the accused also returned. PW 1 again went out at 10 am and returned at 12.30 pm at which time the accused was sleeping. PW 1 again went for work at around 2 pm. At around 3 pm Arakhita Gouda (PW 7), the younger brother of PW 1 informed PW 1 that the accused was quarreling with his mother Sanjana Gouda, the deceased. By the time, PW 1 reached the house along w

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