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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, S.K.PANIGRAHI
Lusku Hembram – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing basis outlined. (Para 1 , 2) |
| 2. prosecution's evidence and trial court's finding. (Para 4 , 5) |
| 3. defense arguments against prosecution's evidence. (Para 6 , 7) |
| 4. principles on circumstantial evidence applied. (Para 8 , 9) |
| 5. analysis of key circumstantial evidence. (Para 10 , 11 , 12) |
| 6. appeal allowed, conviction overturned. (Para 13) |
JUDGMENT :
D.Dash, J.
The Appellant, by filing this Appeal, from inside the jail, has called in question the judgment of conviction and order of sentence dated 20.10.2011 passed by the learned Sessions Judge, Balasore in Sessions Trial No.300 of 2010.
The Appellant (accused) has been convicted for commission of offences under section-302/201 of the Indian Penal Code (for short called as ‘the IPC ’) and accordingly, he has been sentenced to undergo imprisonment for life for commission of offence under section-302 of the and rigorous imprisonment for a period of 7 (seven) years for the offence under section-201 of the with the stipulation that the substantive sentences would run concurrently.
2. Prosecution Case:-
On 21.08.2010, it was around 9.30 am, one Ananta Hembram, P.W.2 lodged an information at Raibania
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