CRLLP/21/2019
2021 Latest Caselaw 4671 Ori

                                 CRLLP No. 21 of 2019




03.   06.04.2021               This matter is taken up by video conferencing
                   mode.
                               Heard learned Addl. Government Advocate for
                   the appellant-State.
                               This is an appeal to leave under Section 378(1)
                   and (3) of the Code of Criminal Procedure, 1973.
                               The respondents were accused in Sessions Trial
                   Case No. 159 of 2011 in the court of learned Addl. Sessions
                   Judge, Karanjia. They were charged under Sections 498-
                   A/302/304-B/34 of the I.P.C. The Trial Court acquitted the
                   respondents of the charge by judgment dated 21.7.2018.
                               The court below has taken into consideration
                   the evidence of doctors i.e. P.W.5 and P.W.20 who have
                   conducted the autopsy of the dead body. After analyzing
                   their evidence recorded a finding that there is a doubt that
                   the death is homicidal in nature.
                               Perused the entire evidence. On consideration of
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                   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 order of acquittal as there is no other
                   materials which is available on record and same has not
                   been considered by the trial Court while passing the
                   judgment. Accordingly, if leave will be granted, it will be a
                   futile exercise and abuse of process of 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
                        2




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