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by sayum
06 July 2026 10:56 AM
In a significant ruling on February 29, 2024, the Orissa High Court altered a conviction from Section 302 to Section 304 Part-I of the Indian Penal Code, in the case of Ashu Khila vs. State of Orissa. The Division Bench, comprising Justices D. Dash and G. Satapathy, made this landmark decision in Criminal Appeal No. 656 of 2011.
The appellant, Ashu Khila, was originally convicted under Section 302 of IPC for the murder of his wife, following an incident where he set her on fire leading to her death after two months. However, the High Court, after re-evaluating the evidence and circumstances, observed a crucial point in their judgment, stating, "The aforesaid circumstances may rule out the immediate intention of the convict to cause death of the deceased."
This observation played a pivotal role in the court's decision to modify the conviction. The court considered the fact that the appellant had admitted the victim to the hospital after the incident and the victim's subsequent discharge on request. These factors, combined with the medical evidence suggesting that the injuries were initially classified as simple in nature, influenced the court's decision.
Highlighting the complexity of the case, the court noted, "The act of the convict can be attributed to his intention of causing such bodily injury as is likely to cause death of the deceased." Consequently, the bench ruled that the appellant's actions fell under Section 304 Part-I of IPC, which deals with culpable homicide not amounting to murder.
As a result of this alteration in the conviction, the High Court sentenced the appellant to ten years of Rigorous Imprisonment, taking into consideration the mitigating circumstances surrounding the case. This judgment represents a nuanced understanding of the intent behind criminal acts, marking a significant moment in the legal landscape of criminal justice in India.
Date of Decision: 29-02-2024
ASHU KHILA VS STATE OF ORISSA
