Bulu @ Umesh Ch. v. State
Case brief
What is this about?
High Court of Orissa, Cuttack disposed of a criminal revision challenging a conviction for offences under Sections 308 and 354 IPC. The court found no infirmity in the lower appellate court's judgment confirming conviction forSections 308 and 354 IPC and modified the sentence to account for time spent in custody.
What did the court decide?
Conviction confirmed for Sections 308 and 354 IPC; sentence reduced to time already undergone; fine enhanced to Rs. 5,000 with Rs. 4,000 to injured.
What the court decided
A compact analysis
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 CRLREV No. 456 of 2005
An application under Section 401 read with Section 397 of the Code of Criminal Procedure challenging the judgment and order dated 27.05.2004 of learned Chief Judicial Magistrate-cum-Asst. Sessions Judge, Jeypore in Sessions Case No.40 of 2001 and the judgment and order dated 20.04.2005 of learned Sessions Judge, Koraput, Jeypore in Criminal Appeal No.57 of 2004.
Bulu @ Umesh Chandra Rath …. Petitioner
-versus-
State of Orissa …. Opp. Party
Advocates appeared in this case through Hybrid Mode :
For Petitioner : Smt. P. Mishra,
Advocate
For Opp. Party : Mr. Sibani Shankar Pradhan,
Addl. Govt. Advocate
CORAM:
JUSTICE SAVITRI RATHO
.……………………………………………………………………… Date of Judgment : 11.07.2022
………………………………………………………………………..
Savitri Ratho, J In this revision the petitioner-Bulu @ Umesh Chandra Rath
has challenged the judgment and order dated 20.04.2005 passed by the learned Sessions Judge, Koraput, Jeypore in Criminal Appeal No.57 of 2004 confirming the conviction and sentence of the petitioner for
commission of offence under Section 354 Indian Penal Code ( in short
Page 1 of 10
Issues for consideration
2 issues framed by the court
Whether the evidence of prosecution witnesses sufficiently establishes the petitioner's guilt for offences under Sections 308 and 354 IPC.
Whether the High Court should interfere with the appellate court's conviction and modified conviction under Section 308 IPC.
Parties & counsel
- petitioner
Bulu @ Umesh Chandra Rath
- respondent
State of Orissa
Coram
Savitri Ratho
Case details
As recorded by the court registry
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