Purna Chandra Naik @ Punia 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
Purna Chandra Naik @ Punia – Appellant
Versus
State of Odisha – Respondent

Advocates Appeared:
For the Appellant - M/s. Susmita Pattanaik, S.S. Pattanaik, Advocates
For the Respondent - Ms. Samapika Mishra, Additional Standing Counsel

Table of Content
1. factual background of the case. (Para 1 , 2 , 3 , 4)
2. evidence and witness evaluations. (Para 5 , 6 , 10)
3. arguments on the reliability of witness testimony. (Para 7 , 8 , 11)
4. burden of proof not met by prosecution. (Para 12)
5. conclusion: appeal allowed and conviction set aside. (Para 13)

JUDGMENT :

D.Dash, J.

1. The Appellants, by filing this Appeal, from inside the jail, has called in question the judgment of conviction and order of sentence dated 09.01.2012 passed by the learned Adhoc Additional Sessions Judge (Fast Track Court), Keonjhar in S.T. Case No.08/38 of 2011 arising out of G.R. Case No.921 of 2010 corresponding to Turumunga P.S/. Case No.70 of 2010 of the Court of learned S.D.J.M., Keonjhar.

By the same, the Appellant (accused) has been convicted for commission of offence under section-302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs.5,000/- with the default stipulation to undergo simple imprisonment for six (6) months.

2. The prosecution case in short is that on 30.09.2010 around 11 pm to 12 mid night, the occurrence took place in the house of the accused at village Murusuan. The Deceased Manjulata had married the a

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IN THE HIGH COURT OF ORISSA AT CUTTACKD.DASH, SASHIKANTA MISHRAPurna Chandra Naik @ Punia – AppellantVersusState of Odisha – Respondent

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, SASHIKANTA MISHRA
Purna Chandra Naik @ Punia – Appellant
Versus
State of Odisha – Respondent