Raghunath Khatei @ Kheti vs State of Orissa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ori) 748

THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Raghunath Khatei @ Kheti – Appellant
Versus
State of Orissa – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. D.P. Dhal, Senior Advocate
For the Respondent: Smt. Siva Mohanty, Additional Standing Counsel

Table of Content
1. conviction and sentence issued. (Para 1)
2. factual background of the attack. (Para 3 , 4 , 5)
3. court's findings and reasoning. (Para 6)
4. defense and private right of defense examined. (Para 7 , 8 , 10 , 11 , 12)
5. need to explain injuries for credibility. (Para 9)
6. benefit of doubt should favor the appellant. (Para 13)
7. appeal allowed and conviction set aside. (Para 14 , 15)

Judgment :

The present Criminal Appeal is directed against the judgment and order dated 30.11.1999 passed by the leaned Additional Sessions Judge, Sonepur, in Sessions Case No.36/30 of 1999 (arising out of G.R. Case No.12 of 1999), whereby the appellant was convicted under Section 326 of I.P.C. and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/-, in default to undergo further R.I. for six months.

3. The prosecution case in brief is that on the morning of 12.01.1999, the informant (P.W.1) and his labourers (P.W.2- Lalit Kheti and one Asharam Mendli) were ploughing a plot of land (case land). A dispute arose when Dingar Kheti (father of the appellant) allegedly entered the land, unyoked the bullocks and raised objection. After an initial altercation,