Orissa Court May 1953 Judgments
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Sham Behera and anr. Vs. State
Court: Orissa
Decided on: May-18-1953
Reported in: AIR1953Ori308; 19(1953)CLT310
Mohapatra, J. 1. This appeal is against the judgment dated 15-11-52 of Sri R. C. Misra, Sessions Judge of Sambalpur-Sundergarh, convicting ap-pellant Sham Behera under Sections 335 and 201, Penal Code, and sentencing him to undergo rigorous imprisonment for 4 years under the former section and to undergo rigorous imprisonment for 3 months under the latter; and convicting appellant Srinibas Bandasena under Sections 323 and 201, Penal Code and sentencing him to rigorous imprisonment for 6 months under the former section and to rigorous imprisonment for one yearunder the latter. Both the accused persons were charged under Sections 302 and 201, Penal Code. 2. The prosecution case is that on 24-11-51, deceased Kartika Padhan, the Gountia of village Barbank, left home with a torch in hand at about 8 O'clock in the night to fix up labourers to reap his paddy. He not having returned, his youngerson P. W. 5 made an unsuccessful search in the village and sent words to his elder brother P. W. 1, ...
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