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2024 Supreme(Ori) 103

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, V. NARASINGH
Kala @ Kishore Ghadei – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Appellant :Mrs.Sonita Biswal Advocate as Amicus Curiae
For the Respondent: Mr.P.K. Maharaj  Additional Standing Counsel

Table of Content
1. overview of the factual background and investigation. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. defence arguments and challenges to prosecution evidence. (Para 7 , 8 , 9)
3. assessment of evidence regarding death and its cause. (Para 10 , 11)
4. credibility issues with witness testimonies. (Para 12 , 13 , 14)
5. evaluation of evidence related to the recovery of the weapon. (Para 15 , 16)
6. conclusion of appeal and annulment of previous judgment. (Para 17)

JUDGMENT :

The Appellant, by filing this Appeal, from inside the jail, has assailed the judgment of conviction and order of sentence dated 31st January, 2007 passed by the learned Ad hoc Additional Sessions Judge, Fast Track Court, Athagarh in Sessions Trial No.517 of 2005 arising out of C.T. Case No.204 of 2005 corresponding to Athagarh P.S. Case No.48 of 2005 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Athagarh.

2. Prosecution Case:-

Receiving the above report from the Informant (P.W.1), the O.I,C. (P.W.18), treated the same as FIR (Ext.1) and upon registration of the criminal case, took up investigation.

4. Learned S.D.J.M., Athagarh having received the Final Form as above took cognizance of the s

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