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2024 Supreme(Ori) 148

IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Salegram Salma – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Appellants : S.B. Mohanty-1, B.K. Dash
For the Respondent: S.R. Roul

JUDGMENT :

SIBO SANKAR MISHRA, J.

1. The present Criminal Revision Petition filed under Sections 401 & 397 of Cr.P.C. is directed against the judgment dated 13.08.2010 passed by the learned Additional Sessions Judge, Sonepur in Criminal Appeal No.45 of 2005, whereby the judgment of conviction and order of sentence dated 07.10.2005 passed by the learned S.D.J.M., Sonepur in G.R. Case No.264 of 2000 (T.R. Case No. 69 of 2001) has been upheld. 

2. The prosecution case in brief is that on 16.12.2000 at about 9.00 P.M one Madhu Ghivela, the informant, along with three others were gossiping on the village road. Because of an altercation, the petitioner had bitten the face of the informant brutally as a result of which his he had sustained bleeding injury in his lower lip and he had lost one tooth. On basis of such allegation, the police registered the case. After completion of investigation, the petitioner stood charged for the offence punishable under Sections 324/325 of the IPC and was put to trial.

3. To substantiate the charges brought against the petitioner, the prosecution examined seven witnesses and exhibited three documents. P.W.6 was the vital witness, who was the informant as well

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