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2023 Supreme(Ori) 553

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


Advocates Appeared:
For the Appellant :Mr. S.K. Routray, Advocate as Amicus Curiae
For the Respondent: Mr. P.K. Mohanty, Additional Standing Counsel.

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 :

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.

2. Prosecution Case:-

Receiving the said report, the IIC (P.W.12) treated the same as the FIR (Ext.1) and registering the case, directed one Assistant Sub-Inspector (ASI) of Police to take up the investigation. On 9.7.2010, the IIC (P.W.12), getting information that the injured Ramesh Barik was dead, took up the investigation.

4. Learned J.M.F.C., Barpali, on receipt of the Final Form, took cognizance of said offences and after observing the for

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