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HIGH COURT OF ORISSA, CUTTACK
S.K.PANIGRAHI
Md. Wasim – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. details of the bail application and charges. (Para 1 , 2) |
| 2. arguments from petitioner and state. (Para 4 , 5) |
| 3. legal standards for evaluating dying declarations. (Para 6 , 7 , 8 , 9 , 10) |
| 4. granting bail under conditions. (Para 11) |
| 5. preservation of fair trial rights. (Para 12) |
JUDGMENT :
S.K.PANIGRAHI, J.
1. The petitioner has filed the instant application under Section 4 39 of Cr. P.C seeking bail in connection with Bahalda P.S. Case No.72 of 2019 corresponding to G.R. Case No.619 of 2019 pending before the court of the learned S.D.J.M., Rairangpur. The petitioner herein is the accused in connection with alleged commission of offences punishable under Sections 498 (A), 304(B), 302, 34 of the I.P.C. read with Section 4 of the Dowry Prohibition Act.
2. The case of the prosecution is that the marriage was solemnised between the deceased and the petitioner/Abdul Wasim, S/o Abdul Mashid of village Baddundu three years ago. After marriage, the deceased was subjected to cruelty for demand of dowry. On 15.11.2019 the petitioner and the deceased had a severe quarrel. On 16.11.2019 at about 4 A.M., the petitioner poured kerosene over the body of the deceased and set her
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