2024 (III) ILR-CUT-652<\/p>\n\n\n\n
NABAKISHORE NAIK V. STATE OF ODISHA<\/p>\n\n\n\n
\ud83d\udc46\ud83d\udcccCODE OF CRIMINAL PROCEDURE, 1973 \u2013 Appeal U\/s. 374 of Cr.P.C. filed against the judgement dt. 24.02.2016 passed by the Sessions Judge, Mayurbhanj, Baripada in Sessions Case No. 168 of 2011 \u2013 Appellant was found guilty U\/s. 302 of IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000\/-, in default of payment of fine to suffer further R.I. for a period of six months \u2013 Defence took the plea of false implication.<\/p>\n\n\n\n
\ud83d\udccc\ud83d\udc46 INDIAN EVIDENCE ACT, 1872 \u2013 Section 134 \u2013 Law is well settled that in the matter of appreciation of evidence of witnesses, it is not the number of witnesses, but the quality of their evidence is important \u2013 There is no requirement in the law of evidence that a particular number of witnesses must be examined in order to prove\/disprove a fact \u2013 The evidence has to be weighed and not counted \u2013 The legal system is opposed to the multiplicity or plurality of witnesses \u2013 It is thus, the quality and not quantity, which determines the adequacy of evidence, as has been provided under section 134 of the Evidence Act \u2013 If the evidence of a solitary witness is cogent, credible and trustworthy, the same can be acted upon. (Para 9) The act of the appellant comes within the ambit of Section 302 or 304 of IPC. Held: There is no opinion that the bodily injury caused to the deceased was sufficient in the ordinary course of nature to cause death, we are of the view that the act has been done with the intention of causing such bodily injury as he knew to be likely to cause the death of the deceased which comes under clause second of section 300 of I.P.C. \u2013 To decide the question of provocation, an objective test has to be applied as to whether in the opinion of the Court, the provocation would have made a reasonable man lose his self-control, whether he would have retaliated in the same way as the accused in fact did, which requires affirmative answers \u2013 Whether the provocation was such as to deprive the accused of his self-control, the condition of the mind of the accused at the time of provocation is required to be taken into consideration \u2013 The case would not come with the purview of section 302 of the I.P.C and it would come within the ambit of culpable homicide not amounting to murder and fall within the first part of section 304 of the I.P.C.<\/p>\n\n\n\n
\ud83d\udccc\ud83d\udc46 ALTERATION OF SENTENCE \u2013 The conviction of the appellant is altered from section 302 of IPC to one U\/s. 304 Part-I of IPC \u2013 Resultantly, the appellant is sentenced to undergo R.I. for ten years.<\/p>\n","protected":false},"excerpt":{"rendered":"
2024 (III) ILR-CUT-652 NABAKISHORE NAIK V. STATE OF ODISHA 👆📌CODE OF CRIMINAL PROCEDURE, 1973 – Appeal U\/s. 374 of Cr.P.C. filed against the judgement dt. 24.02.2016 passed by the Sessions Judge, Mayurbhanj, Baripada in Sessions Case No. 168 of 2011 – Appellant was found guilty U\/s. 302 of IPC and sentenced to undergo rigorous imprisonment […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[1],"tags":[],"class_list":["post-4816","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"yoast_head":"\n