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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO, S.K.MISHRA
Jaga @ Jagabandhu Mohalik – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. accusation and factual background of the case. (Para 1 , 2) |
| 2. details of evidence and witness testimonies. (Para 3 , 4 , 5) |
| 3. defence arguments and contentions. (Para 6 , 7) |
| 4. prosecution's circumstantial evidence analysis. (Para 8 , 9 , 10 , 11) |
| 5. absence of direct evidence and legal principles. (Para 12) |
| 6. conclusion on the conviction status. (Para 13) |
1. The appellant Jaga @ Jagabandhu Mohalik faced trial in the Court of learned Adhoc Additional Sessions Judge (F.T.C.), Balasore in S.T. Case No.22/153 of 2007 for offence punishable under section 302 of the Indian Penal Code (hereinafter ‘I.P.C.’) on the accusation that in the intervening night of 04/05.05.2005, at village Pakharsaun, he committed murder of his wife Bibi @ Padmabati Mohalik (hereinafter ‘deceased’). The trial Court, vide impugned judgment and order dated 30.05.2008, found the appellant guilty of the offence charged and sentenced him to undergo rigorous imprisonment for life.
Prosecution Case:
2. The prosecution case, as per the first information report (hereinafter ‘the F.I.R.) (Ext.1) lodged by Purna Chandra Das (P.W.1) on 05.05.2005 before the Sadar Police Station, Balasore, is that
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