Laxman Jaiparia v. State
Case brief
What is this about?
High Court altered murder conviction to culpable homicide not amounting to murder, holding no premeditation despite weapons, while upholding injuries-related convictions.
What did the court decide?
Conviction under Section 302 IPC set aside; conviction under Section 304 Part 1 read with Section 34 IPC substituted; others convicted under Section 323/324/34 IPC; sentences commuted.
What the court decided
HIGH COURT OF ORISSA ; CUTTACK
JCRLA NO.38 0F 2012
From the judgment and order of conviction dated 19.12.2011 passed by the learned Ad hoc Additional Sessions Judge, Sundargarh in S.T. Case No.172/37 of 2011.
Laxman Jaipuria & two others … Appellants
Versus State of Orissa …
For Appellant nos.1 & 3: Mr. Sahasransu Sourabh For Appellant no.2 : Mr. Tusharkant Sahoo (Amicus Curiae) For Respondent : Sk. Jafrulla, Addl. Standing Counsel.
P R E S E N T :
THE HONOURABLE MR. JUSTICE S.K.MISHRA AND
THE HONOURABLE MISS JUSTICE SAVITRI RATHO
Date of Judgment: 5th January, 2021
Issues for consideration
3 issues framed by the court
Whether the contradiction in prosecution evidence and the weapons used constitute premeditation reducing the offence from murder to culpable homicide.
Whether the appellants acting in the heat of passion with common object are liable for sections 323/324/34 IPC against the case of murder under section 302 IPC.
Whether the appellants and their shares in the common object, are also liable for the offence under Sections 304 Part 1 read with Section 34 of IPC.
Parties & counsel
- appellant
LAXMAN JAIPURIA & OTHERS
- respondent
STATE OF ORISSA
Coram
S.K.MISHRA
Case details
As recorded by the court registry
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