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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Tadingi Domuri – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. background of the case and death of appellants (Para 1 , 2 , 3 , 5) |
| 2. defense arguments and contention (Para 6 , 8) |
| 3. court's assessment of evidence and reasoning (Para 7 , 9) |
| 4. modification of conviction based on circumstances (Para 10 , 11) |
| 5. final decision and order of the court (Para 12 , 13 , 14) |
Judgment :
1. The present Criminal Appeal is filed by the appellants under Sections 374(2) of the Cr.P.C., is directed against the judgment and order 24.08.1995 passed by the learned Additional Sessions Judge, Jeypore in Sessions Case No. 82 of 1994, arising out of G.R. Case No. 348 of 1994, whereby the appellants were convicted under Section 324 /34 I.P.C. and sentenced to undergo rigorous imprisonment for one year each.
3. The present appeal is pending since 07.09.1995. When the matter was taken up for hearing on 31.07.2025, none has appeared on behalf of the appellants. Therefore, this Court requested Mr. Lalatendu Samantaray, learned counsel, who is present in Court to assist the Court as Amicus Curiae. He has readily accepted the same and after obtaining entire record assisted the Court very effectively. This Court records appreciation for the meaningful assistan
The court altered the conviction of the appellant from Section 324/34 IPC to Section 323/34 IPC, emphasizing absence of deadly weapon use and mitigating circumstances.
Violation of procedural rules in SC & ST Act investigations vitiates trial outcomes; the conviction under lesser charges can be maintained despite initial assault intensity.
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....
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.
The conviction under Section 324 IPC was modified to Section 323 IPC due to insufficient evidence of grievous harm, emphasizing the need for credible witness testimony and the burden of proof on the ....
The conviction under Section 307 IPC was overturned due to lack of intention to cause death, while convictions under Sections 323, 324, and 341 IPC were upheld.
Conviction requires reliable evidence and knowledge of victim's medical condition; lacking such knowledge limits liability to lesser offenses.
Conviction under IPC requires specific overt acts; lack of direct evidence led to acquittal of murder charges and modification to lesser offense.
The conviction was modified from Section 304(Part-II) to Section 325 of IPC, establishing that while the actions resulted in serious injury, they did not demonstrate the intent necessary for murder.
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