Single judge allowed a premature release of a convict. The court dismissed the appeal against conviction and sentence for murder (IPC 302), holding circumstantial evidence sufficient. The order made an explicit safeguard that it will not be construed as adverse to any premature release.
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JCRLA No.47 of 2007
This matter is taken up through Hybrid mode. Heard Mr. G.N. Rout, learned Additional Standing Counsel.
In this case, the sole appellant has been convicted for the offence under Section 302 of the IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default to undergo imprisonment for one year, vide the judgment of conviction and order of sentence dated 27.10.2006 passed by the learned Sessions Judge, Puri in Sessions Trial Case No.490 of 2004.
It has been intimated to us from the District Jail, Puri that the sole appellant-Bimal Kumar Misra, S/o-Late Braja Kishore Misra of village Bira Narasinghpur, P.S.Chandanpur, Dist.-Puri has been prematurely released on 08.07.2020 from the Circle Jail, Cuttack at Choudwar. This fact was brought to our notice on 25.01.2021. None appeared for the appellant on that day. We adjourned the case on that day expecting that the counsel for the appellant to appear before us to argue the case. But none appears on behalf of the appellant.
The case of prosecution is based on circumstantial evidence, which is our opinion to sufficient to establish the case of the prosecution beyond all reasonable doubt. There is no reasonable ground to hold that the conviction of the appellant is liable for interference.
So, we are not inclined to set aside the judgment of conviction and the order of sentence.
Hence, the appeal is hereby dismissed.
T.C.R. be sent back immediately.
2
TUDU
However, this order shall not be construed in any adverse comment upon the premature release of the petitioner from the custody.
Urgent certified copy of this order be granted as per rules.
……………………….. S. K. Mishra, J.
….………………………. Savitri Ratho, J.
2 issues framed by the court
Whether the conviction and sentence for murder under Section 302 IPC should be set aside given the appellant's premature release.
Whether there is a sufficient ground to interfere with the judgment of conviction based on circumstantial evidence.
Bimal Kumar Misra
State
S. K. Mishra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
