Wife Asking Hungry Husband To Wait For Preparation Of Food Not 'Grave & Sudden Provocation': Orissa High Court Upholds Murder Conviction
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1 month, 1 week ago

Wife Asking Hungry Husband To Wait For Preparation Of Food Not 'Grave & Sudden Provocation': Orissa High Court Upholds Murder Conviction

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The Orissa High Court has recently held that a wife asking her husband to wait for some time to have food, as preparation of food was underway, is not grave and sudden provocation which would lead him to cause injuries to her and take away her life. A housewife cannot be said to have caused grave and sudden provocation to her hungry husband when she requests her to wait for a while as the preparation of food is under process.” Factual Background On the noon of 25.09.2008, the appellant-Raikishore Jena returned home from his cultivable land and asked his wife to serve him food. a hungry person can commit any sin' and Jean de La Fontaine quotes, 'a hungry stomach has no ears', but the manner in which the appellant reacted and brought the 'katuri' from inside the house and assaulted the deceased on the vital parts of ger body like face, head, neck, ear etc., and caused as many as nine numbers of extensive cut injuries which were sufficient in ordinary course of nature to cause death, show his intention to commit the murder,” it added. The Court emphasised that there was no quarrel or fight between the appellant and the deceased in this case and therefore, a wife cannot be said to have caused grave and sudden provocation to her hungry husband by merely requesting him to wait for some time to have food.

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Wife Not Reporting About Missing Of Husband & Staying With Paramour Not Criminal Conspiracy U/S 120-B IPC: Orissa High Court
1 month, 1 week ago

Wife Not Reporting About Missing Of Husband & Staying With Paramour Not Criminal Conspiracy U/S 120-B IPC: Orissa High Court

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The Orissa High Court has upheld the conviction and life-term of former Member of Legislative Assembly (MLA) Ramamurty Gamango for murder of his pregnant wife in the year 1995 at his official residence. The Court observed that there was no motive for commission of the murder and there was no evidence of any rivalry or animosity between the couple. The …

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The Orissa High Court, on Monday, commuted the capital punishment awarded to a man who was convicted by the trial court for committing rape and murder of a 6-year-old girl in 2018. However, the Court rejected such contention observing that: “The appellant was a co-villager and he was a family man having wife and children and there was nothing on …

Mere 'Absconding' Not Conclusive Proof Of Guilt Against Accused In Cases Of Murder: Orissa High Court
11 months, 1 week ago

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The Orissa High Court has clarified that merely because an accused person absconded, he cannot be held guilty of the alleged crime and in cases of grave crimes like murder, the solitary conduct of the accused in absconding may not be given undue weightage ignoring other factors. So far as the 'last seen theory' is concerned, the Court observed that …

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Live Law  

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'Wife Was Murdered Only Because She Strongly Protested Against Their Illicit Relation': Allahabad HC Upholds Conviction Of Husband, His Lover
1 year, 6 months ago

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Live Law  

The Allahabad High Court recently upheld the conviction and sentence of life imprisonment awarded by the trial court to a man, and his lover, who killed his wife after setting her ablaze in 2011 merely because she was a strong protester of their illicit relationship. “This version of P.W.-3 that the accused-appellants, namely, Jaikishan @ Bablu and Anita used to …

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The Gauhati High Court recently acquitted a woman who was convicted by the trial court for murder of her husband, on the ground that her confession made to the police without corroboration cannot be the basis for the conviction. In view of the fact that the alleged statement/confession made by the appellant has only been made to police officers, the …

Orissa High Court Upholds Life Sentences Of Murder Convicts Basing Upon Testimony Of 'Child Witness'
2 years, 3 months ago

Orissa High Court Upholds Life Sentences Of Murder Convicts Basing Upon Testimony Of 'Child Witness'

Live Law  

The Orissa High Court has upheld the life imprisonment of two murder convicts while placing reliance upon the testimony of a child witness. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Chittaranjan Dash observed, "In the present case, the Court is satisfied that the evidence of PW-14, the child witness, is clear and cogent without any contradictions …

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2 years, 7 months ago

Orissa High Court Upholds Life Term Of Man Accused Of Killing Cousin-Brother After State Govt Remitted His Sentence

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The Orissa High Court has confirmed the conviction and the ensuing life term imposed on a man for committing murder of his cousin-brother. While dismissing the appeal filed by the accused against his conviction, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik found no reason to interfere with the reasoned order of the Trial …

"No Reason For Close Relatives To Falsely Accuse": Orissa High Court Upholds Life Sentence Awarded To Man For Murder Of Cousin Brother
2 years, 7 months ago

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Live Law  

The Orissa High Court has upheld the conviction of a person, who was sentenced to life for committing murder of his cousin-brother. While dismissing the appeal, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik observed, "This is not a case of mistaken identity since all the witnesses are close relations of both the accused …

Orissa High Court Gives Clean-Chit To Jail Authorities In 2007 Kendrapara Custodial Death Case
2 years, 8 months ago

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Live Law  

The Orissa High Court has given clean-chit to the Kendrapara sub-jail authorities in a custodial death case of 2007. While dismissing the petition, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik observed, "There is no material on the basis of which this Court can come to a conclusion that the death of late Susanta …

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The Karnataka High Court has rejected the defence of 'grave and sudden provocation' taken by a jilted lover who murdered a girl on her refusal to accept his marriage proposal. A division bench of Justices Sunil Dutt Yadav and Justice P Krishna Bhat said: "To permit the accused to take a defence of 'grave and sudden provocation' in the facts …

[Rape And Murder of Minor] Orissa HC Sets Aside Conviction For Rape, Commutes Death Penalty To Life Imprisonment
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Live Law  

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