Kala @ Kishore Ghadei vs State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Ori) 611

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, S.K.PANIGRAHI
Kala @ Kishore Ghadei – Appellant
Versus
State of Odisha – Respondent

Advocates Appeared:
For the Appellant : Ms. Anima Kumari Dei, Adv.
For the Respondent: Mr. S.S. Mohapatra, Additional Standing Counsel.

Table of Content
1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. analysis of evidential findings. (Para 8 , 9)
3. arguments regarding witness credibility. (Para 10 , 11)
4. judicial examination of evidence leads to reasonable doubt. (Para 12 , 13)
5. conclusion and order to overturn conviction. (Para 14)

JUDGMENT :

The Appellant, by filing this Appeal, from inside the jail, has challenged the judgment of conviction and order of sentence dated 20.10.2016, passed by the learned Additional Sessions Judge, Athgarh in Sessions Trial Case No.396 of 2012 arising out of C.T Case No. 434 of 2012, corresponding to Tigiria P.S. Case No.102 of 2012 of the Court of the learned Sub Divisional Judicial Magistrate (SDJM), Athgarh.

2. Prosecution case is that sometime past the midnight of 24.07.2012, Jadu Ghadei (P.W.21) informed the brother of the deceased (P.W.1) that this accused, who is his son (Jadu’s son), caused the death of his wife Indumati Ghadei (deceased). The brother of the deceased, namely, Arakhita Behera (P.W.1) then lodged a written report with the Inspector-in-Charge (IIC) of Tigiria Police Station.

4. On completion of investigation, Final Form was submitted placing the

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