Mahesh Pradhan vs State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, S.K.PANIGRAHI
Mahesh Pradhan – Appellant
Versus
State of Odisha – Respondent

Advocates Appeared:
For the Appellants : Ms. Tapaswini Sinha
For the Respondent: Mr. Samaresh Jena, Additional Standing Counsel.

Table of Content
1. overview of charges and prosecution's case (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments of the appellants and the prosecution (Para 8 , 9 , 10)
3. court's detailed analysis of evidence (Para 11 , 12 , 13 , 14 , 15 , 16)
4. setting aside the conviction and sentence (Para 17)

JUDGMENT :

D. Dash, J.

The Appellants, by filing these Appeals, from inside the jail, have assailed the judgment of conviction and order of sentence dated 23.06.2011 passed by the learned Additional Sessions Judge, Fast Track Court, Rourkela in S.T. Case No.143/6 of 2010-2011. The above three Appellants have been convicted for commission of offence under section 302/323/34 of the Indian Penal Code, 1860 (for short, ‘the IPC ’) and accordingly, each have been sentenced to undergo imprisonment for life and pay fine of Rs.2,000/- (rupees two thousand) with the default stipulation to undergo rigorous imprisonment for a period of one month for the offence under section 302 read with section 34 of the and simple imprisonment for one month for the offence under section 323 read with section 34 of .

2. The prosecution case, in short, is that on the 22^nd Day of July, 2010 around 5.00 pm, the Informant, nam