Supreme Court of India · 2013-08-23
STATE OF ORISSA vs KHAGA @ KHAGESWAR NAIK .
- Citation / case number
- SC 2011/15560
- Court
- Supreme Court of India
- Petitioner
- STATE OF ORISSA
- Respondent
- KHAGA @ KHAGESWAR NAIK .
- Author
- CHANDRAMAULI KR. PRASAD
- Bench
- CHANDRAMAULI KR. PRASAD R.M. LODHA
Judgment text excerpt
The Supreme Court upheld the High Court's decision to alter the conviction of the respondents from Section 302/34 IPC to Section 304 Part II IPC, affirming the findings that the prosecution proved the case beyond reasonable doubt. The Court held that the nature of the offence committed by the convicts warranted a lesser charge of culpable homicide not amounting to murder under Section 304 Part II IPC, while maintaining their convictions under Sections 457, 354, 506, and 201/34 IPC. The respondents were sentenced to rigorous imprisonment for eight years under Section 304 Part II IPC.