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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, S.K.PANIGRAHI
Nirakar Pujari – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. outline of the factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments presented by the appellant regarding the conviction. (Para 7 , 8 , 9) |
| 3. judicial reasoning on the validity of charges and evidence. (Para 10 , 11 , 12 , 13) |
| 4. conclusion and order in favor of the appellant. (Para 14) |
JUDGMENT :
D. DASH, J.
1. The Appellant, by filing this Appeal, has challenged the judgment of conviction and order of sentence dated 22.04.2017, passed by the learned Sessions Judge, Nabarangpur in Criminal Trial No.75 of 2011 arising out of G.R Case No.456 of 2011 of the Court of the learned S.D.J.M., Nabarangpur.
By the same, the appellant (accused) has been convicted for committing the offence under section 302 of the Indian Penal Code (in short, ‘ IPC ’) and accordingly, he has been sentenced to undergo imprisonment for life and pay fine of Rs.10,000/- (Rupees Ten Thousand) in default to undergo rigorous imprisonment for 1 (one) year.
2. The prosecution case:
On 22.07.2011, around 8 a.m., Ramesh Pujari (deceased) was cutting the ridge on the land of Dharmu Pujari. It was at that time, this accused with his mother, brother, brother’s wife, namely, Sari, Suryapal and
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In cases where a single blow is inflicted with a blunt object, without an intention to cause death, the offense may be scaled down from murder under Section 302 IPC to culpable homicide not amounting....
The judgment established the distinction between murder and culpable homicide, emphasizing the importance of evidence and the hit of the moment nature of the incident.
The court upheld the conviction under Section 302 of the Indian Penal Code, rejecting the appellant's claims of lack of evidence and premeditation. The court dismissed the appellant's plea for a less....
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