Santosh Kumar Naik vs State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, SASHIKANTA MISHRA
Santosh Kumar Naik – Appellant
Versus
State of Odisha – Respondent

Advocates Appeared:
For the Appellant :Mr. C.R. Sahu, Advocate
For the Respondent: Ms. Samapika Mishra, Addl. Standing Counsel.

Table of Content
1. background of the case and prosecution evidence. (Para 1 , 2 , 3 , 4)
2. circumstantial evidence and absence of eyewitnesses. (Para 5)
3. parties' arguments regarding evidence and guilt. (Para 6 , 7 , 8)
4. court's analysis of evidence and its insufficiencies. (Para 9 , 10 , 11 , 12 , 13)
5. conclusion and order to set aside conviction. (Para 14 , 15)

JUDGMENT :

Sashikanta Mishra, J.

The judgment passed by learned Adhoc Addl. Sessions Judge (F.T.), Keonjhar on 19th February, 2005 in S.T. Case No.13/12 of 2004 is under challenge in the present appeal whereby the Appellant was convicted under Section 302 of I.P.C. and sentenced to imprisonment for life.

2. The prosecution case, briefly stated, is that on 9^th September, 2003 the Ward Member of village Namkani in the district of Keonjhar lodged a written report before the O.I.C of Telkoi P.S. stating that on that day at about 7.00 A.M. one Phula Naik (hereinafter referred to as the ‘deceased’) had been killed by her husband Santosh Naik (accused-appellant) by means of an axe and that being informed and requested by one Bira Bhadra Naik of his village, he informed the matter to Police. The written report was registered as T

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IN THE HIGH COURT OF ORISSA AT CUTTACKD.DASH, SASHIKANTA MISHRASantosh Kumar Naik – AppellantVersusState of Odisha – Respondent

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, SASHIKANTA MISHRA
Santosh Kumar Naik – Appellant
Versus
State of Odisha – Respondent