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THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Nabin Chandra @ Kumar Das – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. conviction details of the appellants (Para 1 , 4 , 5) |
| 2. court's observations and considerations regarding evidence (Para 2 , 3 , 7 , 11 , 12) |
| 3. arguments regarding the sentence and its modification (Para 6 , 14) |
| 4. details of the evidence and injuries sustained (Para 8 , 9 , 10 , 13) |
| 5. final decision and orders of the court (Para 15 , 16 , 17) |
Judgment :
The two of the convicts-accused namely Nabin Chandra @ Kumar Das and Surya Das have combinedly filed the present appeal challenging the judgment and order dated 12.05.1995 passed by the learned Special Judge-cum-Sessions Judge, Koraput, Jeypore, Camp at Gunupur in Sessions Case No.89 of 1994, whereby the learned trial Court while acquitting the co-accused, namely, Simanchal Parichha of all the charges by extending the benefit of doubts, convicted the present appellants for offences under Sections 341 /323/34 of I.P.C. read with Section 3 (1)(x) of the SC & ST (PoA) Act. They were sentenced to undergo S.I. for six months for the offence under (1)(x) of the SC & ST (PoA) Act read with Section 34 of I.P.C., in default, to undergo S.I. for four months for the offence under Section 323 read with Section 34 of I.P.C. a
The conviction of the appellants for assault was upheld, while they were acquitted of charges under the SC & ST Act due to lack of proof of the victim's caste.
Court emphasized that personal vendetta not motivated by caste does not support charges under SC & ST Act; conviction modified from grievous to simple injury under IPC based on nature of the injuries....
The court held that while the intention to murder was not established, the appellants were guilty of assaulting the victim, with emphasis on the inapplicability of exaggerated judicial proceedings in....
Intention to insult based on caste must be established for conviction under Section 3(1)(x) of the S.C. & S.T. (PoA) Act; the absence of such intent results in acquittal.
Credible evidence of caste identity is essential to establish an offence under the SC & ST (PoA) Act; without it, prosecution fails.
The court held that reliance on inconsistent and insufficient witness testimonies, alongside lack of medical evidence for grievous injuries, invalidates the conviction, necessitating acquittal.
The prosecution must prove caste status with reliable documentation for the SC & ST Act to apply, and abuses must occur in public view to constitute an offense.
The appellant was guilty under Section 323 IPC for intentionally inflicting injury by throwing hot water, while the co-accused was acquitted due to insufficient evidence against him.
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