2018 Supreme(Ori) 467

IN THE HIGH COURT OF ORISSA
J. P. DAS, J.
JCRLA No.52 of 2013.
(From the judgment and order dated 27.06.2012 passed by the learned Adhoc Additional Sessions Judge (First Track Court, Keonjhar in S.T. Case No.20/25 of 2012 convicting the appellant under Section 304 Part-II I.P.C.).
Decided on 02nd February, 2018.
Ladu Munda ... Appellant
Versus
State of Orissa ... Respondent

Headnote:PENAL CODE, 1860 - Sec. 304-II - Conviction under - Extra judicial confession - Hostile witnesses - Witnesses turned Hostile - FIR was lodged by the informant who is son of the accused and also deceased - Allegation in the FIR that due to assault of his mother by his father by means of a stick his mother expired - After analysing the evidences and considering the circumstance that out of a quarrel and anger, the accused assaulted his wife and also intended to take her to hospital and accused had no intention of committing murder of his wife - Conviction under section 304-II passed by the trial court stands confirmed.

       Appeal disposed of.