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2022 Supreme(Ori) 675

S. MURALIDHAR, C. R. DASH
Harekrushna Naik – Appellant
Versus
State of Orissa – Respondent


Advocates appeared:
Mr. S. C. Puspalak, Advocate, for the Appellant; Mr. J. Katikia Addl. Government Advocate, for the Respondent

JUDGMENT

Dr. S. Muralidhar, CJ. - This appeal is directed against the judgment dated 31st January 2004, passed by the learned Sessions Judge, Mayurbhanj in Sessions Case No.175 of 2000 convicting the Appellants for the offences punishable under Sections 302, 307, 452 and 341 read with Section 34 IPC. By the impugned order on sentence on the same date, the Appellants were sentenced to undergo imprisonment for life for the offence under Section 302 read with Section 34 IPC and no separate sentence was passed as regards the other offences.

2. While Appellant Nos. 2 and 4 were enlarged on bail by an order of this Court dated 12th November 2007, Appellant No.1 and Appellant No.3 were enlarged on bail by this Court by orders dated 15th February 2010 and 28th October 2015 respectively. The Court is informed subsequently by a report dated 21st January, 2021 of the Inspector in-Charge (IIC) of Raruan Police Station (PS) that Appellant No.3 has expired.

3. The case of the prosecution was that on 8th April 2000, at 8 am when the deceased Keshab Naik was sleeping in his house at village Sunaposi, PS-Raruan, District-Mayurbhanj, the Appellants i.e., accused numbers 1 to 4 dragged him to the villag

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