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2024 Supreme(Ori) 42

D. DASH, G. SATAPATHY
Ashu Khila – Appellant
Versus
State of Orissa – Respondent


Advocates:
Mr.S.K.Mohanty, for the Appellant, Mrs.S.Pattanaik, AGA., for the Respondent

JUDGMENT

G. Satapathy, J.

 The convict by way of this appeal calls in question the judgment of conviction and order of sentence dated 31.10.2011 passed by learned Sessions Judge, Koraput at Jeypore in Criminal Trial No. 93 of 2010 convicting the appellant for offences punishable U/Ss. 498-A/302 of Indian Penal Code, 1860 (in short "IPC") and sentencing him to undergo imprisonment for life for offence U/S. 302 of IPC, while acquitting him of the charge for offence U/S. 498-A of IPC.

2. The prosecution case may be outlined as, one Sakuntala (hereinafter referred to as the "deceased") had married to Ashu Khila (hereinafter referred to as the "convict") and on 25.11.2009 in the night, the convict had set fire to the deceased after pouring kerosene and accordingly, the mother of the convict had admitted the deceased to hospital on 26.11.2009. On this incident, the brother of the deceased P.W.4-Sukru @ Chandra Kuldip lodged a FIR under Ext.4 on 26.11.2009 at about 12.30 P.M. against the convict before P.W.12-Bijayini Singh I.I.C., Damanjodi P.S. who registered Damanjodi P.S. Case No. 42 of 2009 for offence U/Ss. 498-A/307 of IPC and directed ASI of Police P.W.11-Purushottam Swain to investi

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