Patra Toppo v. State
Case brief
What is this about?
The High Court of Orissa allowed an appeal against conviction and sentence for murder. The court held the appeal successful.
What did the court decide?
The judgment of conviction, order of substantive sentence and fine of Rs.2,500 are set aside. The appellant is set at liberty immediately. T.C.Rs. be returned.
What the court decided
HIGH COURT OF ORISSA ; CUTTACK
JCRLA NO.65 0F 2007
From the judgment and order of conviction dated 28.3.2007 passed by the learned Sessions Judge, Sundargarh in S.T. Case No.48 of 2005.
----------Patra Toppo … Appellant Versus State of Orissa … Respondent ----------For Appellant : Mrs. C.Kasturi (Amicus Curiae) For Respondent : Mr. J.Katikia, Addl. Government Advocate
------------ P R E S E N T :
MR. JUSTICE S.K.MISHRA AND MISS JUSTICE SAVITRI RATHO
Date of hearing and Judgment:3rd March, 2021
S.K.Mishra,J . The sole appellant Patra Toppo assails his conviction under Section 302 of the Indian Penal Code (hereinafter referred to as the “Penal Code” for brevity) by
2
the learned Sessions Judge, Sundargarh in S.T. Case No.48/2005 by virtue of the judgment dated 28.3.2007. He has been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.2,500/-(Rupees two thousand five hundred) without any default.
Issues for consideration
2 issues framed by the court
Whether the conviction for murder under Section 302 IPC can be sustained when the prosecution fails to establish multiple circumstances clinching guilt against the appellant.
Whether the recovery of a blood-stained weapon and the identification of the deceased as the appellant's father are sufficient to complete the chain of evidence.
Parties & counsel
- appellant
Patra Toppo
- respondent
State of Orissa
Coram
S.K.Mishra
Case details
As recorded by the court registry
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