Siu Mandinga v. State
Case brief
What is this about?
The Orissa High Court allowed an appeal in part, reducing a life imprisonment conviction for murder to ten years rigorous imprisonment for culpable homicide not amounting to murder. The court set aside the fine, citing the appellant's poverty.
What did the court decide?
Conviction under Section 302 IPC set aside and converted to Section 304(I) IPC with ten years rigorous imprisonment; fine set aside; immediate release ordered.
What the court decided
ORISSA HIGH COURT: CUTTACK
JCRLA No. 37 OF 2010
(In the matter of an appeal under Section 383 of the Code of Criminal Procedure)
Siu Mandinga …… Appellant -VersusState of Orissa ...... Respondent
For Appellant :Mr. Prem Ku. Patnaik and Mr. Chittaranjan Sahoo.
For Respondent : Mr. J. Katikia (Addl. Govt. Advocate)
P R E S E N T :-
THE HONOURABLE MR. JUSTICE S.K. MISHRA AND THE HONOURABLE DR. JUSTICE A.K. MISHRA
---------------------------------------------------------------------------- Date of hearing & Judgment – 17.07.2019
S.K. Mishra, J. In this appeal, the sole convict assails the judgment of conviction and order of sentence dated 18.05.2010 passed by the Addl. Sessions Judge (F.T.C.), Jeypore. He has been convicted under Section 302 of IPC and has been sentenced to undergo imprisonment for life and to pay fine of Rs.2000/- in default on payment of fine to undergo further imprisonment for a period of six months.
Issues for consideration
3 issues framed by the court
Whether the conviction under Section 302 IPC should be reclassified as culpable homicide not amounting to murder.
Whether the appellant should be sentenced to rigorous imprisonment upon reduction of the offence.
Whether the fine imposed by the trial court should be maintained given the appellant's indigent status.
Parties & counsel
- appellant
Siu Mandinga
- respondent
State of Orissa
Coram
S.K. Mishra
Case details
As recorded by the court registry
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