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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, S.K.PANIGRAHI
Laxmikanta Badadalai – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. summary of facts and procedural history. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. defense argument on lack of direct evidence. (Para 10 , 11) |
| 3. state's reliance on testimonial corroboration. (Para 12 , 13) |
| 4. court's examination of witness testimonies. (Para 14 , 15) |
| 5. court's analysis of last seen theory and gaps. (Para 16 , 18 , 19 , 20) |
| 6. discussion on evidentiary burdens and prosecution failures. (Para 21 , 22 , 23 , 24) |
| 7. conclusion and acquittal based on insufficient evidence. (Para 25 , 26) |
JUDGMENT :
1. Both the Appellants have preferred this Criminal Appeal challenging the judgement of conviction and order of sentence dated 19.05.2018 passed by the Learned Additional District and Sessions Judge, Balliguda in S.T Case No. 167 of 2014(T), arising out of G.R Case No.231 of 2014 corresponding to Tumudibandha P.S. Case No.28 of 2014 in the file of the learned S.D.J.M. Balliguda; wherein the Learned Additional District and Sessions Judge, Balliguda has convicted the Appellants for commission of offence punishable under Section 302 /34 of the I.P.C and accordingly, sentenced them to undergo imprisonment for life and to pay a fine of Rs.2000/-, in default to und
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