Convict Set Free as an Exception to Hearsay Evidence by Orissa HC

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An appeal was made by the Jitu Parida against the judgment convicting the appellant under Section 302 of the Indian Penal Code, 1860. He is sentenced to undergo imprisonment for life as well as to pay fines to the tune of Rs.1,00,000/.

Orissa High Court, Dismissed Writ Petition, Natural Justice

Facts of the case

The Appellant, Jitu Parida was captured by the Police, on the grievance of the deceased Mamuli Barik, And delivered on bail. On 19.05.2015 at about 2.00 P.M. Jitu Parida received information that Mamuli had been to Angul Tow held up in the Tiffin shop of Sanjaya Parida situated at Bihari Chhak, Kangula.

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At about 2.30 P.M. at the point when Mamuli Barik came to the recognize, the charge called the expired to the Tiffin shop of Sanjaya Parida furthermore, there was a squabble between them identifying with past debate. Sanjaya Parida likewise arrived at the Tiffin shop and saw the fight between them. The appellant got a Paniki (Kitchen Knife) and cut the neck of the deceased Mamuli Barik because of which he died on spot.

Jitu Parida subsequently tossed the weapon of offense to the Paniki there at the spot and fled towards Angul. Sanjaya Parida, the owner of the Tiffin shop went to the witness And informed about the homicide of Mamuli Barik by the appellant. The witness who is the sibling of the perished, rushed to the spot and saw the dead body of the expired inside the Tiffin shop of Sanjaya Parida and a blood-stained Paniki lying there.

Then he went to the Police Station and lodged a written complaint. The Inspector-In-Charge, Angul Police Station, Angul took up the investigation of the case. The Investigating Officer apprehended the accused, interrogated and arrested him at about 8.15 P.M., on 20.05.2015 forwarded the accused to court after his medical examination, seized one blood-stained banian, one multi-color napkin, blood sample, nail clippings of the deceased On 01.07.2015, he received the post-mortem report of the deceased, sent a query on the weapon of offense to the Medical Officer, District Headquarters Hospital, Angul for examination.

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During the examination, the complainant and different observers were re-examined and the displays to S.F.S.L, Rasulgarh, Bhubaneswar for compound examination were sent and on fulfillment of examination, submitted charge-sheet. 

Arguments of the petitioner

The learned counsel for the Appellant contended that given the settled position of law the hearsay evidence of a witness is not admissible in the eye of law. Furthermore stated that the evidence produced by a lot of witnesses does not support the prosecution hence the learned Sessions Judge, has come to an erroneous conclusion and passed the judgment of conviction and order of sentence. The prosecution further to withheld its case examined 14 witnesses.

Arguments of the respondent

The learned Additional Standing Counsel for the State contended that the learned trial court considering every one of the materials on records fittingly stated the appealing party responsible for the murder of the Deceased. Learned counsel, furthermore, stated that there is no degree to criticize the discoveries and findings of the learned trial court. 

The ratio of the court

After reviewing the arguments made on behalf of both the parties and the submissions made by the witnesses produced the court stated that it is without a doubt a case of death due to homicide. As the learned counsel for the petitioner stated that hearsay evidence is not admissible in court but the doctrine of res gestae is also applicable and the court is conscious of the limits and merit of this doctrine.

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As this is an exception to hearsay the learned Sessions Judge, Angul has committed an error in appreciation of the evidence and, therefore, there being no direct evidence against the Appellant, he is entitled to an order of acquittal.


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