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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 :
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.
2. Prosecution Case:-
On 13.08.2010 around 10 am Singa had come with the accused and from near Hatigarh Bazar, she had gone to bring some firewood, so she having not been able to get those firewood had gone Bhadua Cashew Jungle and on the way Singa met the accused who then by means of a saree, which had been worn by the deceased and strangulated her to death and thereafter, having taken the dead body to a nearby place, it was concealed by the accused. The accused having done so had returned home and in the evening hours having gone there with a spade, he buried the dead body t
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