Jasobanta Sahu vs State of Orissa - 2024 Supreme(SC) 392

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 392

B. R. GAVAI, SANDEEP MEHTA
Jasobanta Sahu – Appellant
Versus
State of Orissa – Respondent

Advocates appeared:
For the Appellant(s) : Mr. T.N. Tripathi, Adv. Mr. Gautam Das, AOR Mr. Pragyesh Pratap Singh, Adv. Mr. Dhirendra Kumar Jha, Adv. Mr. Rajendra Singh Chauhan, Adv. Mr. Santosh Kumar Bebarta, Adv.
For the Respondent(s): Mr. Suvendu Suvasis Dash, AOR Ms. Swati Vaibhav, Adv. Ms. Shruti Vaibhav, Adv.

JUDGMENT :

B.R. GAVAI, J.

1. The present criminal appeal challenges the final judgment and order dated 17th July, 2014, passed by the Orissa High Court, Cuttack (“High Court” for short), in Jail Criminal Appeal No. 213 of 2000. Vide the impugned judgment, the High Court affirmed the judgment dated 26th August, 2000, passed by the Sessions Judge, Dhenkanal (“Trial Court” for short) in Sessions Trial No. 2-A of 1989, whereby the appellant was convicted under Section 302 of the Indian Penal Code, 1860 (“IPC” for short) and sentenced to imprisonment for life.

2. The facts, in brief, leading to the present appeal, are as follows:

2.1 On 9th October, 1988, the Police Station Jarapada, Angul, District Dhenkanal, received oral information at 3 PM from Hemanta Kumar Sahu (PW-4) and Maheswar Pradhan, to the effect that Laxminarayan Sahu has been murdered. On the basis of the oral information, the Office In-Charge, Jarapada Police Station (PW22) (“I.O.” for short), registered a First Information Report (Exhibit-1) vide Crime No. 40(3) of 1988 for the offence punishable under Section 302 of the IPC. On registration of the FIR, the I.O. visited the spot, held inquest over the dead body of the decea