Dhruba Charan Das v. State
Case brief
What is this about?
High Court allowed appeal partly, set aside appellant's conviction and life sentence under Section 302 IPC due to lack of proof of homicidal nature of death, but upheld conviction under Section 498A IPC.
What did the court decide?
Appellant acquitted under Section 302 IPC; conviction under Section 498A IPC upheld; sentence set aside; appellant set at liberty.
What the court decided
HIGH COURT OF ORISSA: CUTTACK.
CRLA No.492 of 2005
From the judgment of conviction and order of sentence dated 09.09.2005 passed by Shri A.K. Behera, learned Adhoc Additional Sessions Judge (F.T.C.-III), Cuttack in S.T. Case No.28 of 2000 (arising out of G.R. Case No.839 of 1998 of the court of the learned J.M.F.C. (R), Cuttack, corresponding to Niali P.S. Case No.93 of 1998.
--------Dhruba Charan Das …… Appellant. - VersusState of Orissa …… Respondent. For Appellant : Mr. M. Mohanty, S.C. Acharya, C. Mohanty and S.P. Dash. For Respondent : Mr. M.S. Sahoo, Additional Government Advocate. ---------
P R E S E N T :
THE HONOURABLE SHRI JUSTICE S. K. MISHRA AND
THE HONOURABLE MISS JUSTICE SAVITRI RATHO
____________________________________________________________________ Date of Hearing and Judgment- 04.01.2021
S. K. MISHRA, J. The sole convict/appellant- Dhruba Charan Das
assails his conviction under Sections 498A and 302 of the Indian
Issues for consideration
2 issues framed by the court
Whether the prosecution proved beyond reasonable doubt that the death of the deceased was homicidal in nature caused by the appellant.
Whether the trial judge committed an error by not giving a clear finding that the death was homicidal and the doctor failed to provide such an opinion.
Parties & counsel
- appellant
Dhruba Charan Das
- respondent
State of Orissa
Coram
S. K. Mishra
Case details
As recorded by the court registry
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