Gopal Sethi v. State
Case brief
What is this about?
A murder conviction arising from a single fatal knife blow was upheld. The court rejected reduction to culpable homicide not amounting to murder and dismissed the appeal, subject to modifying imprisonment for the rest of life to rigorous imprisonment for life.
What did the court decide?
Sentence modified from imprisonment for the rest of life to rigorous imprisonment for life; fine and default imprisonment retained.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK.
JAIL CRIMINAL APPEAL No. 85 of 2010
From the judgment of conviction and order of sentence dated 15.04.2010 passed by the learned Adhoc Addl. Sessions Judge, (F.T.C.), Nayagarh in Sessions Trial Case No.69/179 of 2007.
Gopal Sethi …… Appellant
-Versus-
State of Orissa …… Respondent
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For the Appellant : Mr. S.K. Bhanjadeo, Advocate
For the Respondent : Mr. J. Katikia,
Addl. Government Advocate
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CORAM :
HONOURABLE MR. JUSTICE S. TALAPATRA
HONOURABLE MISS. JUSTICE SAVITRI RATHO
JUDGMENT
15 th May, 2023
S. Talapatra, J. This is an appeal by the convict, hereinafter referred to as
the Appellant, from the judgment and order of conviction and sentence
dated 15.04.2010 delivered in S.T. Case No.69/179 of 2007 by the Adhoc Addl. Sessions Judge (F.T.C.), Nayagarh. By the said judgment, the Appellant has been convicted under Section 302 of the I.P.C. and
2
sentenced to suffer imprisonment for the rest of life with a fine of Rs.5000/- and in default of payment of fine, he shall suffer further rigorous imprisonment for one year.
Issues for consideration
3 issues framed by the court
Could the inculpatory portion of the accused's police statement be admitted under Section 27 of the Indian Evidence Act?
Could the conviction stand on the solitary child eyewitness's testimony despite failure to establish use of the seized weapon?
Did the single knife blow warrant reducing the conviction from murder to culpable homicide not amounting to murder?
Parties & counsel
- appellant
Gopal Sethi
- respondent
State of Orissa
Coram
S. Talapatra
Case details
As recorded by the court registry
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