CUTTACK: A division bench of the Orissa High Court has forwarded a 16-year-old appeal of a life convict to the Chief Justice to refer it to a third judge after there was difference of opinion among the two judges, Justice SK Mishra and Justice BP Routray, over the trial court verdict.
The Court of Sessions Judge in Koraput had convicted Kondagiri Dangeya for committing murder and sentenced him to imprisonment for life on October 5, 2004. He filed an appeal against the verdict in the High Court in the same year.Though the division bench delivered the judgment after 16 years on December 23, there was dissent among the two judges.
Justice Routray concluded it as definitely a case of murder and confirmed the sentence of imprisonment for life imposed by the trial court. But Justice Mishra did not agree with the opinion of Justice Routray and observed that, “I am of the opinion that it is a case of culpable homicide not amounting to murder.”
Taking into consideration the materials on record, Justice Mishra allowed the appeal in part, set aside the conviction and sentence of Kondagiri for murder and held him guilty for culpable homicide not amounting to murder and convicted him accordingly.
In the final order, the division bench said, “Since there is a difference of opinion of the two judges of the Court, the matter may be placed before the Chief Justice for appropriate order to refer the case to a third Judge to resolve the issue.”
The incident occurred at Bondhugaon under Narayanpatna police limits in Koraput district on December 19, 2002. He was arrested on December 22, 2002. Kondagiri and the deceased were returning after taking liquor and on the way, they abused each other. Kondagiri assaulted the deceased with the lathi he was carrying. Consequently, the deceased fell down on the ground and died.