Supreme Court of India · 2003-09-23
State Of Orissa vs Lodu Swain & Ors
- Citation / case number
- AIR 2003 SUPREME COURT 4386
- Court
- Supreme Court of India
- Petitioner
- State Of Orissa
- Respondent
- Lodu Swain & Ors
- Author
- K.G. Balakrishnan
- Bench
- K.G. Balakrishnan, B.N. Srikrishna
Judgment text excerpt
The Supreme Court addressed appeals by the State of Orissa against a High Court judgment that acquitted three accused and altered the conviction of Jogi @ Jogendra Swain from Section 302 IPC to Section 326 IPC. The Court held that the prosecution failed to establish the common intention among the accused to commit murder under Section 302 IPC, as the evidence did not sufficiently demonstrate their involvement in a shared plan. Consequently, the Court upheld the High Court's decision regarding the acquittal of the other accused and the conviction of Jogi under a lesser charge.