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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Umakanta @ Ramakanta Rout – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. allegations of physical violence detailed. (Para 1 , 2) |
| 2. defendant's argument against charges. (Para 3 , 4 , 5) |
| 3. court's analysis of charges and evidence. (Para 6 , 8 , 9 , 10 , 11 , 12) |
| 4. quashing of section 307 charges. (Para 13) |
| 5. conclusion and order of partially allowed crlmc. (Para 14 , 15) |
JUDGMENT
SAVITRI RATHO, J.
This application under Section 482 of the Criminal Procedure Code, 1973 (in short “Cr.P.C”), has been filed challenging the order dated 28.07.2021 passed by the learned Sub Divisional Judicial Magistrate (in short ‘S.D.J.M.’), Kendrapara in G.R. Case No. 664 of 2021 arising out of Patkura P.S. Case No. 148 of 2021, taking cognizance of offences punishable under Sections 147, 148, 452, 294, 323, 379, 307, 354, 354-A, 354-B, 506, 149 of the Indian Penal Code (in short ‘I.P.C.’).
PROSECUTION CASE
2. The prosecution allegations in brief as per the FIR lodged by informant, Smt. Santi Niharika Beura is that 19.03.2021 at about 10.00 am, the accused persons came to the door of her house and called loudly for her father-in-law Narendra Kumar Beura. When she asked the reason for doing so, they entered her house and dragged her out, using abusive language a
The absence of injuries undermined the charge of attempted murder under Section 307 IPC, which requires intention to cause death, clarifying that intention must be inferred from circumstances.
No prima facie case for framing charges under IPC 307 absent life-endangering intention on non-vital injuries; SC/ST Act inapplicable sans public-heard caste slurs, corroboration, amid rivalry and FI....
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.
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 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 ....
Framing charges under Section 307 IPC requires clear evidence of intent or knowledge to kill, which was lacking, thereby limiting the charges to less serious offences.
The court modified the conviction of the accused from attempted murder to causing grievous hurt, emphasizing the need for direct evidence in serious charges.
Charges under Section 307 IPC cannot be framed without clear evidence demonstrating common intention to kill, emphasizing the need for careful assessment of material at the charge stage.
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