Barsu Khilla v. State
Case brief
What is this about?
In appeal against conviction and life sentence for murder, the High Court allowed the appeal, setting aside the conviction under Section 302 IPC and acquitting the appellant based on insufficient evidence.
What did the court decide?
Conviction under Section 302 IPC and life sentence set aside; appellant acquitted and set at liberty.
What the court decided
JCRLA No.106 of 2006
- 06.01.2021
This matter is taken up through video conferencing mode because of COVID-19.
Heard Miss. Pami Rath, learned Amicus Curiae and Mr. M.S. Sahoo, learned Addl. Government Advocate for the State.
Miss. Rath, learned Amicus Curiae submits that there is absolutely no evidence on record against the appellant and the conviction of the appellant is illegal and he should be set at liberty forthwith.
Mr. M.S. Sahoo, learned Addl. Government Advocate submits that there is no material on record to come to conclusion that this is a case of murder.
Hearing is concluded. Judgment is dictated in separate sheet.
The appeal is allowed. The conviction of the appellant under Section 302 of the Penal Code and sentence of the imprisonment for life are hereby set aside. The appellant is acquitted of the charge. He be set at liberty forthwith, if his detention is not required in any other criminal case.
Send back the L.C.R. forthwith.
As restrictions are continuing due to COVID-19 pandemic, learned counsel for the parties may utilize the
Issues for consideration
2 issues framed by the court
Whether the conviction for murder under Section 302 IPC and life sentence should be set aside given the lack of material evidence of murder.
Whether the appellant should be acquitted and set at liberty.
Parties & counsel
- appellant
Appellant
- respondent
State
Coram
S.K. Mishra
Case details
As recorded by the court registry
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