Supreme Court of India · 2013-08-23
State Of Orissa vs Khaga @ Khageswar Naik & Ors
- Citation / case number
- AIRONLINE 2013 SC 68
- Court
- Supreme Court of India
- Petitioner
- State Of Orissa
- Respondent
- Khaga @ Khageswar Naik & Ors
- Author
- Chandramauli Kr. Prasad
- Bench
- Chandramauli Kr. Prasad, R.M.Lodha
Judgment text excerpt
The Supreme Court addressed the appeal by the State of Orissa against the High Court's alteration of conviction from Section 302/34 IPC to Section 304 Part II IPC. The Court upheld the High Court's finding that the prosecution failed to prove premeditation or motive for murder, establishing that the convicts acted in a fit of anger. Consequently, the Court affirmed the conviction under Sections 457, 354, 506, and 201/34 IPC while maintaining the sentence of eight years rigorous imprisonment for the offence under Section 304 Part II IPC.