IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Tinkia @ Tankadhar Sahu – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. overview of the trial and charges. (Para 1 , 2 , 3 , 4) |
| 2. trial court findings and conclusions. (Para 5) |
| 3. appellant's arguments on prosecution's evidence. (Para 6) |
| 4. state's arguments supporting conviction. (Para 7) |
| 5. definition and elements of dacoity. (Para 8 , 9) |
| 6. testimony of witnesses and identification of accused. (Para 10 , 11 , 12 , 13 , 14) |
| 7. evidence of seized items corroborating prosecution's case. (Para 15 , 16) |
| 8. legal precedent on identification evidence. (Para 17) |
| 9. court's rationale on explosives charges. (Para 18 , 19) |
| 10. final decision on appeal and sentencing. (Para 20 , 21 , 22) |
JUDGMENT :
1. The Appellant, namely Tinkia @ Tankadhar Sahu of Village Kantio, P.S. Tumusingh, Dhenkanal faced the trial on the charges under section 396 of the Indian Penal Code, 1908 (in short, herein after referred to “ IPC ”) and under section 9(B) of Indian Explosives Act before the learned Sessions Judge, Dhenkanal-Angul for having committed dacoity in the house of one Patayat Sahu – the Informant and murder of his father, namely Kapileswar Sahu, at village Nuasalapada under P.S. Kamakhyanagar in furtherance of common intention being assisted by others wherein, t
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