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-Vs-
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P R E S E N T:
THE HONOURABLE MR. JUSTICE S.K.MISHRA
AND
THE HONOURABLE DR. JUSTICE A.K.MISHRA
in brevity) and under Section 302 read with Section 149 of the
imprisonment for the former while imprisonment for life for the
Judge, Malkangiri.
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Nanda was guarding his paddy field. His daughter P.W.4 was
present there. All the accused persons being armed with bows
and arrows chased him shooting arrows, the deceased ran and
station diary entry and sent the F.I.R. to the O.I.C., Kalimela
Police Station where the same was registered vide Kalimela P.S.
Section 148 of the I.P.C. and Section 302 read with Section 149
of the I.P.C.
is the Medical Officer. P.W.7 is the Constable who took the dead
sheet.
that she had seen the accused persons at the spot after
naming eight persons and got registered after two days of the
needs to be addressed.
cannot be said that the F.I.R. Ext.1 was lodged in hot haste.
the eye point. She was examined on 23.09.1998 stating her age
deposition sheet nor the order sheet discloses the questions put
examined on 22.5.1999.
of the Court is not required by any of the parties, the Court may
learned Addl. Sessions Judge found that the allegation that the
interpreter mislead the court was not correct. This shows that
material part. She has stated that when all the accused persons
armed with bows, arrows and Tangia came, her father started
the deceased fell down. Her father had a Kati (M.O.-I) in his
Kati and dealt blows to his right side neck as a result deceased
examination she has stated that even though it was evening she
and her father were present in the land and the dead body was
the land and after chasing such a distance they murdered the
Section 161 Cr. P.C. that accused Kawasi Unga snatched away
the Kati from the hand of the deceased and dealt blows to the
neck and back of the deceased. She was also contradicted with
her previous statement under Section 161 Cr.P.C. that she had
Deba and Bhima chased her father and when her father was
that she had accompanied with her mother and uncle to the
spot land and then chased upto a distance of 1.5 K.M. near the
So the person who gave fatal blow is not clear. In the decision
reported in AIR 2019 S.C. 1831: Amrika Bai Vrs. The State of
doubtful. She did not know the Oriya language for which an
the lower court record that the questions put to her to test
….….....…………………..
Dr. A.K.Mishra, J.
S.K.Mishra, J. I agree.
…………………………
S.K.Mishra, J.