Orissa Court August 1975 Judgments
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State Vs. Dwari Behera and ors.
Court: Orissa
Decided on: Aug-01-1975
Reported in: 42(1976)CLT726; 1976CriLJ262
N.K. Das, J.1. This is a reference under Section 366 of the Code of Criminal Procedure by the learned Additional Sessions Judge, Dhenkanal for confirmation of the sentence of death imposed by him under S. 302/34 I. P. C, on both the accused persons in Sessions Trial No 20 of 1974. The accused persons have also filed appeal--one from jail (Criminal Appeal No. 113/75) and another through Counsel (Criminal Appeal No. 130/75). The Reference and the Appeals have been heard together.2. Prosecution case may be stated as follows. Both the accused persons are brothers being sons of Natha Behera, Deceased Kandhia Behera is the brother of Natha. Kandhia left the village nearly 15 to 16 years back. Thereupon Natha took care of the minor children of Kandhia. Natha died 5 or 6 years back. Thereafter accused Dibakar stepped into the shoes of Natha and managed the properties of Kandhia as well as affairs of Balia Behera (P.W. 15) son of Kandhia Balia (P, W. 15) parted a major portion of the landed pro...
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