Kabasi Padia v. State
Case brief
What is this about?
The High Court allowed an appeal challenging a conviction for murder under Section 302 IPC. The bench found the trial court erred in relying on hearsay and inconsistent witness testimonies, disregarding cross-examination, and set aside the conviction.
What did the court decide?
The conviction and sentence were set aside, and the appellant was ordered to be released forthwith if not wanted in other cases.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.8 of 2007
Kabasi Padia ..……. Appellant Ms. Mandakini Panda, Advocate
-Versus-
State of Odisha
..…….. Respondent
Ms. Saswata Patnaik, Addl. Government Advocate
CORAM: JUSTICE S. TALAPATRA JUSTICE SAVITRI RATHO
ORDER 14.12.2022
Order No. 07.
1. This matter is taken up through Hybrid Mode.
2. Heard Ms. Mandakini Panda, learned Legal Aid counsel
Issues for consideration
3 issues framed by the court
Whether the findings of the trial court reliant on contradictory witness testimonies were perverse.
Whether the lower court's failure to consider cross-examination statements rendered the conviction unsafe.
Whether the appeal under Section 374 Cr.P.C. should be allowed due to evidentiary flaws.
Parties & counsel
- appellant
Kabasi Padia
- respondent
State of Odisha
Coram
S. Talapatra
Case details
As recorded by the court registry
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