CRLLP/164/2007
2021 Latest Caselaw 4523 Ori

                                 CRLLP No. 164 of 2007




9.     05.04.2021              Heard learned Additional Government Advocate.
                               This is an appeal to leave under Section 378 (1)
                    and (3) of the Code of Criminal Procedure, 1973.
                               The respondents were the accused persons in S.T.
                    Case No. 83 of 2005 in the court of learned District and
                    Sessions Judge, Phulbani. They were charged under section
                    302 and 34 IPC. The Trial Court acquitted the respondents of
                    the charge vide judgment dated 24.03.2007.
                               Perused the record. The Trial Court has discussed
                    all the evidences produced by the prosecution and on a
                    threadbare discussion observed that the prosecution has
                    relied on circumstantial evidence as there is no direct evidence
                    on the cause of death and has tried to prove his case on the
                    basis of alleged extra judicial confession made by the accused
                    persons and the last seen theory. After through discussion the
                    learned Court below held that the plea of extra-judicial
                    confession is found unacceptable and that the last seen theory
                    cannot be made applicable to the present case. The learned
                    court below held that the evidence basing on which the
                    prosecution wants to establish its case are found either
                    unreliable or unacceptable and, therefore, the prosecution
                    cannot be said to have proved beyond reasonable doubt that
                    any act of any of the accused caused the death of the
                    deceased. On consideration of the same and also the
                    reasoning assigned by the learned Trial Court, this Court is of
                    the opinion that rightly the Court below has passed the
                    impugned order and there is no illegality or irregularity in the
Arun
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said order. Accordingly, if leave to appeal will be granted, the
same will be a futile exercise and abuse of process of the
Court. As such, we find no reason to grant leave.
           The CRLLP is accordingly dismissed.
           As the restrictions due to the COVID-19 situation
are continuing, learned counsel for the parties may utilize a
soft copy of this order available in the High Court's website or
print out thereof at par with the certified copy in the manner
prescribed, vide Court's Notice No.4587 dated 25th March,
2020.



                                        ..........................
                                         S. Panda, J.

............................. S.K.Panigrahi, J.