This Application Has Been Filed ... vs Considering The Grounds Stated In ...
2021 Latest Caselaw 4524 Ori

                                  CRLLP No. 156 of 2007




3.     05.04.2021                MC No. 111 of 2007
                                 This application has been filed for condonation of
                    delay.
                                 Heard learned Additional Government Advocate for
                    the appellant-State.
                                 Considering the grounds stated in the petition, the
                    delay in filing the CRLLP is condoned.
                                 The Misc. Case is accordingly disposed of.


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                                                               S. Panda, J.

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S.K.Panigrahi, J.

CRLLP No. 156 of 2007

4. 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 Sessions Case No. 11 of 2005 in the court of learned Additional Sessions Judge, Sonepur. They were charged under section 302 and 34 IPC. The Trial Court acquitted the respondent of the charge vide judgment dated 19.05.2007.

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 and opined that in view of failure of the prosecution to complete the chain of circumstances to prove and establish that it was none but the accused persons, who had Arun committed the murder of the deceased, the benefit of doubt is

given in their favour and they are acquitted from the alleged charge under Section 302 read with 34 IPC. 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 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.

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S. Panda, J.

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S.K.Panigrahi, J.