Pravat Chandra Mohanty vs The State of Odisha

Q: Key Points

No, this statement is incorrect. In this judgment, the Supreme Court explicitly rejected the defense argument that a wooden lathi (MO.IV) and wooden batten (MO.VII) were not dangerous weapons likely to cause death. The Court held that such instruments, commonly used by police, qualify under Section 324 IPC as weapons "likely to cause death" when used as weapons of offence, depending on the manner of their use.[1000736470021][1000736470022] The Court affirmed the High Court's conviction under Section 324/34 IPC (not altering it to Section 323 IPC), noting 11 injuries on the deceased caused by merciless beating in police custody, including pattern bruises, abrasions, and lacerations consistent with these weapons.[1000736470017][1000736470018][1000736470019][1000736470023][1000736470024] The appellants' prayer to convert the conviction to Section 323 IPC or substitute imprisonment with a fine was dismissed, upholding Section 324 IPC while only reducing the sentence to six months in light of the appellants' age and deposited compensation.[1000736470008][1000736470025][1000736470042]

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 72

ASHOK BHUSHAN, AJAY RASTOGI
Pravat Chandra Mohanty – Appellant
Versus
The State of Odisha – Respondent

Advocates Appeared:
For the Appellant(s) :Basant R., Yasobant Das, Kedar Nath Tripathy, Advocates
For the Respondent(s):Ankit Agarwal, Ravi Prakash Mehrotra, Priyanka Vora, Siddhant Buxy, Advocates

Judgement Key Points

No, this statement is incorrect.

In this judgment, the Supreme Court explicitly rejected the defense argument that a wooden lathi (MO.IV) and wooden batten (MO.VII) were not dangerous weapons likely to cause death. The Court held that such instruments, commonly used by police, qualify under Section 324 IPC as weapons "likely to cause death" when used as weapons of offence, depending on the manner of their use.[1000736470021][1000736470022]

The Court affirmed the High Court's conviction under Section 324/34 IPC (not altering it to Section 323 IPC), noting 11 injuries on the deceased caused by merciless beating in police custody, including pattern bruises, abrasions, and lacerations consistent with these weapons.[1000736470017][1000736470018][1000736470019][1000736470023][1000736470024]

The appellants' prayer to convert the conviction to Section 323 IPC or substitute imprisonment with a fine was dismissed, upholding Section 324 IPC while only reducing the sentence to six months in light of the appellants' age and deposited compensation.[1000736470008][1000736470025][1000736470042]

JUDGMENT :

ASHOK BHUSHAN, J.

1. Leave granted.

2. These two appeals by the accused have been filed against the common judgment of the Orissa High Court dated 09.11.2020 dismissing the Criminal Appeal Nos. 207 and 210 of 1988 filed by the appellants. Both the appellants being the accused in Lal Bagh P.S. Case No. 273 of 1985 were tried in Sessions Trial No. 246 of 1985 for the offences punishable under Sections 304, 342, 323, 294, 201 167, 477-A, 471 read with Section 34 of the IPC. Learned Sessions Judge convicted the accused Pratap Kumar Choudhury under Section 304 (Part II) IPC to undergo R.I. for eight years and accused Pravat Chandra Mohanty under Section 304 (Part II) to undergo R.I. for five years. Both the accused were further sentenced under Section 471 IPC read with Section 466 IPC to undergo R.I. for three years and R.I. for three months under Section 342 IPC and R.I. for one month under Section 323 IPC by judgment dated 29.08.1988.

3. Aggrieved by the judgment of the trial court the appellants, Pravat Chandra Mohanty (hereinafter referred to as “Mohanty”) filed Criminal Appeal No. 207 of 1988 and Pratap Kumar Choudhury (hereinafter referred to as “Choudhury”) filed Criminal

Click Here to Read the rest of this document

2021 Supreme(SC) 72

ASHOK BHUSHAN, AJAY RASTOGIPravat Chandra Mohanty – AppellantVersusThe State of Odisha – Respondent

Cases Referred (2)

ASHOK BHUSHAN, AJAY RASTOGI
Pravat Chandra Mohanty – Appellant
Versus
The State of Odisha – Respondent