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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Kalia Kunda @ Thesa Kalia – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. arguments on behalf of the petitioner (Para 3 , 4) |
| 3. witness testimonies and evidence (Para 5 , 6) |
| 4. nature of the injuries and implications (Para 7 , 8) |
| 5. legal definitions and rationale for conviction (Para 9 , 10 , 11) |
| 6. judicial decision on the appeal (Para 12) |
| 7. final conclusion of the judgment (Para 13 , 14) |
JUDGMENT :
S.K. Panigrahi, J.
1. In filing this Criminal Revision, the Revisionist/Petitioner has not only challenged the judgment of conviction and order of sentence dated 22.02.2024 passed by the learned Sessions Judge, Berhampur, Ganjam in Criminal Appeal No.37 of 2023, but has also challenged the judgment dated 10.08.2023 passed by the learned Assistant Sessions Judge-cum-Chief Judicial Magistrate, Ganjam Berhampur in S.T. No.31 of 2009.
I. FACTUAL MATRIX OF THE CASE
2. The brief fact of the case in brevity remains:-
(i) One Brundaban Sahu lodged an F.I.R/ report before the Nuapada Outpost alleging therein that on 30.05.2008 at about 4.30pm the accused Kalia Kunda @ Thesa Kalia fell down on the ground losing his balance on his motorcycle at Patrachudi. During that time, while his nephew Dusmanta Chandra Sahu t
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