Supreme Court of India · 2008-12-01
State Of Orissa vs Sikhar Jena & Ors
- Citation / case number
- AIR 2009 SUPREME COURT 1039
- Court
- Supreme Court of India
- Petitioner
- State Of Orissa
- Respondent
- Sikhar Jena & Ors
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court overturned the Orissa High Court's acquittal of the respondents, emphasizing that the prosecution's case was supported by credible evidence, including the FIR and testimonies of police personnel. The Court held that the actions of the accused constituted a clear violation of Section 302 IPC, as they engaged in a premeditated attack on police officers and rival group members, leading to fatalities. The judgment reaffirmed the necessity of upholding law and order and the right of police to act in self-defense under dire circumstances.