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2023 Supreme(Ori) 375

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, G.SATAPATHY
Sagar Pradhan – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Appellant :Mr.Partha Sarathi Das, Advocate
For the Respondent:Mrs. Saswata Pattanaik, Additional Government Advocate

Table of Content
1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. arguments presented by the parties. (Para 8 , 9 , 10)
3. court's analysis of evidence. (Para 11 , 12 , 13)
4. conclusion and order issued by the court. (Para 14)

JUDGMENT :

The Appellant, by filing this Appeal, has assailed the judgment of conviction and the order of sentence dated 19.07.2012, passed by the learned Adhoc Additional Sessions Judge, Fast Track Court, Keonjhar, in S. T Case No.29/50 of 2012, arising out of G.R. Case No.1083 of 2011, corresponding to Nayakote P.S. Case No.43 of 2011 of the Court of learned Sub-Divisional Judicial Magistrate (SDJM), Keonjhar.

2. Prosecution case:-

In the report, it was stated that on 21.11.2011, during the morning hours, he learnt from co-villager Badrinarayan Pradhan that on the previous night, his father hurled obscene words aimed at his elder brother Sagar followed by repeated curses also coming from the side of his father Lalmohan. When the tolerance level crossed, Sagar Pradhan (accused) gave lathi blows upon his father Lalmohan which resulted his fall and led to his death. The Informant-P.W.1 having received such news, had been to the house of Lalmohan

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