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IN THE HIGH COURT OF ORISSA AT CUTTACK
MANASH RANJAN PATHAK, SASHIKANTA MISHRA
Anil Barua – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. murder trial details and prosecution evidence. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding anil barua's involvement. (Para 8 , 9) |
| 3. court's analysis of evidence credibility. (Para 10 , 12 , 13 , 14) |
| 4. legal reasoning supporting convictions. (Para 11 , 15) |
| 5. final orders and acquittals. (Para 16 , 17) |
Judgment :
Both these appeals have arisen out of the same judgment and hence, were heard together and are being disposed of by this common judgment.
3. Prosecution case, briefly stated, is as follows:
When Dusmanta went to take bath in the bathroom, he heard a gunshot and came running outside. He found deceased Arjun Mohananda lying on the cot with severe bleeding. Mangu, Pintu and another boy rushed inside the room. While Pintu was holding a revolver, Mangu was holding a Bhujali. Pintu fired a shot aiming at Arjuna while Mangu repeatedly assaulted him by means of the Bhujali. Anil was keeping guard at the rear side of the door and Raju was at the front side. The unknown boy shouted on seeing the informant ‘Dhara Mara’.
4. The plea of the accused persons was of denial and false implication.
6. The trial Court, after scanning the evidence on record, found no evidence aga
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The court affirmed the conviction for murder based on consistent eyewitness testimony and corroborative medical evidence, establishing guilt beyond reasonable doubt.
Point of law: Every person who witnesses a murder reacts in his own way. Some are stunned, become speechless and stand rooted to the spot. Some become hysteric and start wailing. Some start shouting ....
Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
Conviction can be upheld based on the reliable testimony of a sole eyewitness, irrespective of the presence of corroborating evidence or independent witnesses, as long as the evidence is credible.
Conviction under Section 302/34 IPC unsustainable on uncorroborated, contradictory testimony of interested sole eyewitness; benefit of reasonable doubt mandates acquittal where prosecution fails to p....
Conviction for murder by unlawful assembly sustainable on reliable sole eyewitness to killing, corroborated by medical evidence and abduction witnesses, despite FIR delay, witness non-examination, an....
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