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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, G.SATAPATHY
Ashok Nayak @ Banku – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 3 , 4) |
| 2. court's reliance on evidence and analysis. (Para 5 , 8) |
| 3. defense arguments against conviction. (Para 6 , 7) |
| 4. examination of the last seen theory. (Para 9 , 10 , 11) |
| 5. insufficiency of evidence and doubt. (Para 12 , 14 , 15) |
| 6. conclusion leading to acquittal. (Para 16 , 17 , 18) |
Judgment :
1. This appeal is directed against the judgment passed on 19.09.2019 by the learned Sessions Judge, Puri in ST Case No.541 of 2013 convicting the appellant for offences punishable U/Ss.458/302 of Indian Penal Code, 1860 (in short “the IPC ”) and sentencing him to undergo imprisonment for life and pay a fine of Rs.10,000/- in default whereof, to undergo Rigorous Imprisonment (RI) for a further period of six months for offence U/S.302 of and to undergo RI for a period of three years and to pay a fine of Rs.1,000/- in default whereof, to undergo RI for a further period of two months for offence U/S.458 of with direction of running of the sentences concurrently.
The land owner of the house of the deceased lodged an FIR against the appellant at about 1 PM on 16.07.2013 before the IIC, Sadar Police Station, Puri paving the way f
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