SANTOSH MAHARANA Vs. STATE OF ODISHA
HIGH COURT OF ORISSA
STATE OF ODISHA
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A. K. Mishra, J. -
(1.) In this appeal under Sec.383 Cr.P.C. the sole appellant has assailed his conviction U/s.302 and 307 of the Indian Penal Code (in short 'the I.P.C.') and sentence to undergo imprisonment for life on each count by the learned Ad hoc Addl. Sessions Judge, (F.T.C.), Chatrapur in his judgment dtd.25.07.2009 passed in Sessions Case No.18 of 2002 (S.C. No.32/2001 of GDC). Both the sentences are directed to run concurrently.
(2.) The case of the prosecution, in short, is that on 18.02.2000 at 4 P.M. in village Sunapalli, the accused, out of previous enmity, entered inside the respective houses of deceased persons, dealt Parsuram Tangia blows to deceased Laxmi and Maya and attempted to commit murder of P.Ws.4 and 5. Both the injured survived after treatment. The husband of Laxmi, P.W.6 lodged F.I.R. (Ext.4) at 6 P.M. resulting registration of Kabisuryanagar P.S. case No.20 of 2000. In course of investigation accused was arrested and gave recovery of weapon of offence M.O.I which was seized along with other articles. Inquests over the dead bodies were made so also post mortem. After completion of investigation, charge-sheet was submitted U/ss.307 and 302 of the I.P.C. The case was committed to the court of Sessions and accused faced trial under the aforesaid charges.
(3.) The plea of defence was denial initially but the accused has admitted the incriminating materials U/s.313 Cr.P.C.
3-A. In support of its case, prosecution examined 14 witnesses in all including P.Ws.4 and 5 the injured eye-witnesses. P.W.14, the doctor who conducted post mortem examination, proved the post mortem report, Ext.31 and Ext.33. P.W.10 is the doctor who proved injury reports Ext.8 and Ext.9. The seized Tangia, wearing apparels and photographs of deceased persons were marked as M.O.I to M.O.VII. Defence examined none.;
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