Umesh Pani v. State
Case brief
What is this about?
The High Court allowed an appeal challenging a conviction for murder and similar offences. The Court set aside the conviction, holding that the sole eye-witness's testimony was fraught with contradictions and inconsistent with medical evidence, rendering it unreliable for conviction.
What did the court decide?
Criminal appeal allowed; impugned judgment and order of conviction set aside; appellants on bail and discharged.
What the court decided
IN THE HIGH COURT OF ORISSA, CUTTACK
Criminal Appeal No. 238 of 1991
From the judgment and order dated 24.08.1991 passed by Sessions Judge, Dhenkanal in S.T. Case No.62-D of 1987.
| Umesh Pani and Others |
……… | Appellants |
|---|---|---|
| -Versus- | ||
| State of Orissa |
……… | Respondent |
| For Appellants: | - | Mr. Baibaswata Panigrahi |
| For Respondent: ------ |
- ----------------- |
Mr.Prem Kumar Patnaik Addl. Govt. Advocate ----- |
P R E S E N T:
THE HONOURABLE MR. JUSTICE S.K. SAHOO
-------------------------------------------------------------------------------------------------Date of Hearing and Judgment: 06.04.2017 --------------------------------------------------------------------------------------------------
S. K. Sahoo, J . Appellant no.1 Umesh Pani, appellant No.2 Jatia Parida and appellant No.3 Dharanidhar Pani faced trial in the Court of learned Sessions Judge, Dhenkanal in S.T. Case No. 62-D of 1987 for the offence punishable under sections 302/34 of the Indian Penal Code on the accusation that on 19.02.1987
Issues for consideration
3 issues framed by the court
Whether conviction based solely on solitary testimony of an injured witness who gave contradictory statements and whose evidence was at odds with medical findings can be sustained.
Whether the injury sustained by the deceased was sufficient to constitute an offence under Section 304 Part-II IPC without intention to kill.
Whether the conviction of the appellant charged under Section 323 IPC was sustainable when no specific charge was framed against him for that offence.
Parties & counsel
- appellant
Umesh Pani and Others
- respondent
State of Orissa
Coram
S.K. Sahoo
Case details
As recorded by the court registry
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