Mulia Santa v. State
Case brief
What is this about?
This appeal challenged the conviction of a husband for murdering his wife under Section 302 IPC. The High Court upheld the trial court's verdict, finding that the circumstantial evidence including confession and injuries proved murder beyond reasonable doubt.
What did the court decide?
The appeal was dismissed; the conviction under Section 302 IPC was upheld.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No. 21 of 2011
Mulia Santa …. Appellant -versus…. State of Orissa Respondent Advocates appeared in the cases:
For Appellant : Mr. Radharaman Das Nayak Advocate
For Respondent : Mr. Rajesh Tripathy Additional Standing Counsel CORAM: THE CHIEF JUSTICE JUSTICE G. SATAPATHY JUDGMENT 05.07.2023
- This appeal is directed against the judgment dated 24th June, 2010 passed by the learned Additional Sessions Judge, Nabarangpur in C.T. No.50 of 2008 arising out of G.R. Case No.44 of 2008 whereby the trial Court has convicted the present Appellant for the offence punishable under Section 302 of Indian Penal Code (IPC) for having committed the murder of his wife.
- The incident occurred on the night of 26th January, 2008 in the house of the parents of the deceased. The accused and the deceased had been married for about eight years and had two children. They were known to be having quarrels on the regular basis. On the fateful night, the deceased was sleeping with her
JCRLA No.21 of 2011 Page 1 of 4
parents in their house when the accused came there and started quarreling with her.
Issues for consideration
2 issues framed by the court
Whether the trial court committed any error in convicting the appellant of murder under Section 302 IPC based on circumstantial evidence and confession.
Whether the incident of the husband killing his wife amounts to murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 IPC.
Parties & counsel
- appellant
Mulia Santa
- respondent
State of Orissa
Coram
G. Satapathy
Case details
As recorded by the court registry
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