Dukhishyama Baghar VS State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

D. DASH, V. NARASINGH
Dukhishyama Baghar – Appellant
Versus
State of Odisha – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. Jitendra Samantaray, (Advocate as Amicus Curiae)
For the Respondent:Mr. S.K. Nayak, Additional Government Advocate

JUDGMENT

D. Dash, J.—The Appellant, by filing this Appeal from inside the jail, has called in question the judgment of conviction and the order of sentence dated 5th January, 2022 passed by the learned Additional Sessions Judge, Athmallik in C.T. (S) No.46 of 2018 arising out of G.R. Case No.282 of 2018 corresponding to Kishorenagar P.S. Case No.58 of 2018 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Athmallik.

The Appellant (accused) thereunder has been convicted for committing the offence under section 302 of the Indian Penal Code, 1860 (for short, ‘the IPC’). Accordingly, he has been sentenced to undergo imprisonment for life and pay fine of Rs.50,000/-/- (Rupees Fifty Thousand) in default to undergo rigorous imprisonment for two (2) years for commission of the said offence.

2. Prosecution Case:—

On 15.06.2018, one China Baghar (Informant-P.W.21) lodged a written report with the Inspector-in-Charge (I.I.C.) of Kishorenagar Police Station stating therein that on the previous night around 09.00 p.m., her husband, namely, Dukhishyam Baghar (accused) returned home and started quarrelling with his parents, namely, Karuna Baghar & Chamap Baghar and tried t

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