Kasti Behera v. State
Case brief
What is this about?
The High Court upheld the conviction of appellants for rioting and assault as part of an unlawful assembly but modified the sentence to the period already spent in detention, considering their advanced age and the lapse of time.
What did the court decide?
Sentence modified to the period of custody already undergone by the Appellants.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRA NO.144 OF 1993
(From the judgment and order dated 26th April, 1993 passed by learned Addl. Sessions Judge, Titilagarh in S.C. No.91/33 of 1991)
Kasti Behera and others
… Appellants
-versus-
State of Odisha … Respondent
Advocates appeared in the case through hybrid mode:
For Appellants : Mr.S. Panda
Advocate
-versus-
For Respondent : Mr.S.N.Das,
Addl. Standing Counsel
--------------------------------------------------------------------------- CORAM:
JUSTICE SASHIKANTA MISHRA
JUDGMENT 23.03.2023.
Sashikanta Mishra,J . The Appellants question the correctness of the
judgment dated 26th April, 1993 passed by learned
CRA No.144 of 1993 Page 1 of 13
Issues for consideration
3 issues framed by the court
Whether the appellants were liable for rioting and assault as members of an unlawful assembly despite lack of specific assault allegations against them.
Whether the plea of false implication and intoxication of victims was sufficiently crystallized and accepted in evidence.
Whether the appellants' age and delay in filing the appeal warranted modification of the sentence to the period already undergone.
Parties & counsel
- appellant
Kasti Behera and others
- respondent
State of Odisha
Coram
Sashikanta Mishra
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court