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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Kshirod Kumar Das – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. summary of the incident and charges (Para 1 , 2 , 3 , 4) |
| 2. appeal process and representation (Para 5 , 8) |
| 3. court's reasoning and analysis (Para 6 , 9 , 10 , 11 , 12) |
| 4. mitigating circumstances for sentencing (Para 14) |
| 5. modification of sentence (Para 16 , 17) |
JUDGMENT :
The present Criminal Revision filed under Section 401 read with Section 397 of the Cr.P.C. is directed against the judgment and order dated 24.03.2013 passed by the learned Sessions Judge, Kendrapara in Criminal Appeal No.05 of 2007, whereby the judgment of conviction and order of sentence dated 21.03.2007 passed by the learned Assistant Sessions Judge, Kendrapara in S.T. Case No.84/660 of 2004 against the present petitioners has been confirmed.
3. The prosecution examined a total of 8 witnesses and exhibited 3 documents in order to substantiate the charges against the accused persons. The plea of the defence was that of complete denial and false implication, but no evidence were adduced by the defence in proof of its plea. Out of the 8 witnesses examined by the prosecution, P.Ws.1 to 4 are the material witnesses to the occurrence, whereas, P.W.5 was the informant, P.W.6 was the injured victim, Pi
The intention to kill under Section 307 IPC can be inferred from the nature of the attack and weapon used, even if the resulting injuries are not grievous.
Insufficient evidence of intent to kill led to conviction under Section 325 instead of Section 307, emphasizing that mere injury does not establish the necessary mens rea for attempt to murder.
The main legal point established in the judgment is the assessment of evidence to determine the nature of the offences and the intention of the accused, as well as the consideration of the accused's ....
The court affirmed the conviction for attempt to murder but granted probation instead of imprisonment due to the appellant's age and subsequent conduct, emphasizing rehabilitation over punishment.
Convictions under IPC affirmed based on corroborated eyewitness testimony; A3 acquitted due to lack of evidence and identification.
Intent and knowledge regarding the commission of offences under Section 307 IPC can be inferred from actions and circumstances, regardless of the nature or extent of actual injuries inflicted.
The court held that insufficient evidence of intent to cause death led to the acquittal of the accused from serious charges while affirming some convictions based on the established facts.
The court upheld the conviction for attempted murder but granted probation instead of imprisonment, emphasizing rehabilitation over punishment due to the appellant's age and reformation.
The incident constituted sudden provocation without premeditation, justifying a conviction under Section 304 IPC and allowing for a sentence modification based on mitigating factors.
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