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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, G.SATAPATHY
Anjan Barik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. summary of facts surrounding the incident. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented by both sides. (Para 6 , 8 , 9) |
| 3. court's reasoning and evaluation of evidence. (Para 7 , 10) |
| 4. modification of conviction from section 302 to section 304-i. (Para 11) |
| 5. final order of the court regarding the appeal. (Para 12) |
JUDGMENT :
D.Dash, J.
The Appellant, by filing this Appeal from inside the jail, has assailed the judgment of conviction and order of sentence dated 17th November, 2011 passed by the learned Additional Sessions Judge, (FTC), Bargarh in C.T. Case No.45/12 of 2011 arising out of G.R. Case No.69 of 2010 corresponding to Barpali P.S. Case No.68(1) of 2011 of the Court of learned Judicial Magistrate First Class (J.M.F.C), Barpali.
The Appellant (accused) thereunder has been convicted for committing the offence under section 302 of the Indian Penal Code, 1860 (for short, ‘the IPC ’). Accordingly, he has been sentenced to undergo imprisonment for life and pay fine of Rs.3,000/- (Rupees Three Thousand) in default to undergo rigorous imprisonment for three (3) months for commission of the said offence.
2. Prosecution Case:-
The accused namely, Anjan Barik used to q
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