In an appeal against a murder conviction, the High Court examined evidence including eyewitness accounts, medical findings, and FIR details. Finding the prosecution case well-established and the defense plea untenable, the court dismissed the appeal against the sentence of life imprisonment.
The appeal was dismissed; the conviction and sentence were affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.747 of 2011
An application under Section 374 of the Cr.P.C. against the judgment dated 25th November, 2008 passed by the learned Sessions Judge, Mayurbhanj in S.T. Case No.181 of 2007.
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Salhai Marandi …… Appellant
Versus
State of Odisha …... Respondent
Advocate(s) appeared in this case :-
For Appellant : Mr. B.K. Behera-1, Advocate
For Respondent : Mr. J. Katikia, Additional
Government Advocate
CORAM : THE CHIEF JUSTICE
JUSTICE B.P. ROUTRAY
JUDGMENT
5 th November, 2021
B.P. Routray,J.
1. The sole Appellant has been convicted and sentenced to life
imprisonment by the learned Sessions Judge, Mayurbhanj for commission of murder of his brother Dhana Marandi (the deceased).
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in the same village to attend the 21st day ceremony of his grandson. After the function is over, Appellant called the deceased to his house for some discussions. Accordingly the deceased went to the house of the Appellant and in course of discussion there was hot altercation of words regarding some previous dispute. All of sudden, the Appellant assaulted the deceased by ‘Katari’ (M.O.I) and ‘Paniki’ (M.O.II) causing several bleeding injuries on his person. The deceased died instantaneously at the spot, i.e. in the house of the Appellant. After the assault the dead body of the deceased was dragged by the Appellant to his Bari (backyard) and then he left the place and surrendered in the police station.
the dead body was sent for post mortem examination to District Headquarters Hospital, Baripada and the Appellant was arrested on the same day. Upon completion of investigation, charge-sheet was submitted on 6th July, 2007.
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marked 17 exhibits along with 12 material objects.
a result of those five incised cut wounds. The trachea was completely cut. The wound over the right ear was up to bone depth so also the wounds on the right temporal bone. Such features of injuries noticed on the dead body coupled with other circumstances do not leave any doubt
about the homicidal nature of death of the deceased.
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(B.P.Routray) Judge
(Dr. S. Muralidhar)
Chief Justice
// M.K.Panda, Sr.Steno //
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2 issues framed by the court
Whether the High Court should interfere with the conviction and sentence of murder passed by the Sessions Judge despite cogent evidence and eyewitness testimony.
Whether the peaceful character of witnesses P.Ws.1 to 3 and 6 to 8 was explained and any harm they suffered was accounted for.
1 provisions across 1 enactments
Salhai Marandi
State of Odisha
B.P. ROUTRAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
