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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, V. NARASINGH
Dukhishyama Baghar – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing details (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. defense and prosecution arguments (Para 7 , 8) |
| 3. court's analysis of witness testimonies (Para 9 , 10 , 11) |
| 4. appeal dismissal and confirmation of conviction (Para 12) |
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
The court upheld the conviction of the appellant for murder based on reliable eyewitness testimony and medical evidence linking the accused to the crime.
Murder – A reasoned judgment of conviction and order of sentence must receive seal of confirmation.
The prosecution must establish guilt beyond reasonable doubt, which can be satisfied through reliable eyewitness accounts and corroborative medical evidence.
The conviction under Section 302 was overturned due to reliance on insufficient and unreliable witness testimony, emphasizing the need for credible evidence in criminal cases.
The prosecution must prove guilt beyond a reasonable doubt; inconsistencies in eyewitness accounts led to the reversal of conviction.
Evidence must be consistent and reliable to uphold a conviction; inherent improbabilities can lead to a verdict of not guilty.
Accused's conviction for murder under Section 302 IPC was modified to culpable homicide not amounting to murder under Section 304-I IPC due to insufficient evidence of intent and premeditation.
The prosecution must prove guilt beyond a reasonable doubt; inconsistencies in witness statements undermined the conviction, leading to its reversal.
The prosecution failed to establish the accused's guilt beyond reasonable doubt due to inconsistent testimonies and lack of corroborative evidence.
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