Prasanna v. State
Case brief
What is this about?
In an appeal against conviction for hurt, the High Court set aside the trial court's finding against the appellant. It held that material contradictions and omissions in prosecution witness testimonies, alongside unexplained injuries to the accused, created reasonable doubt.
What did the court decide?
Appeal allowed; judgment and order of conviction and sentence of appellant no.2 set aside; bail bonds discharged.
What the court decided
HIGH COURT OF ORISSA : CUTTACK
CRA NO.129 OF 1988
In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure and from the judgment dated 14.04.1988 passed by Shri K.C. Mahapatra, Sessions Judge, Keonjhar in S.T. Case No.61 of 1986.
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- Prasana Kumar Behera (since dead)
- Muralidhar Behera :::: Appellants Versus. State of Orissa :::: Respondent. For Appellant :::: M/s. S.C. Sahoo M/s. D.P. Patnaik, S. Das, B.K. Jena, D.K. Behera, advocates. Mr.Jayadev Behera (Amicus Curie) M/s. J.P. Ghose, D.K. Mohanty and H.K. Sethi, advocates. For Respondent :::: K.K.Nayak Addl. Standing Counsel.
P R E S E N T :
THE HON’BLE SHRI JUSTICE D.DASH
----------------------------------------------------------------------------------------Date of Hearing & Judgment ::: 10.08.2020
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Issues for consideration
2 issues framed by the court
Whether the finding of conviction against the appellant under sections 324/326 IPC is sustainable in view of discrepancies in prosecution witness evidence.
Whether the non-explanation of injuries sustained by the accused and their mother warrants benefit of doubt.
Parties & counsel
- appellant
Prasana Kumar Behera
- appellant
Muralidhar Behera
- respondent
State of Orissa
Coram
Case details
As recorded by the court registry
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