CRLLP/67/2018
2021 Latest Caselaw 4735 Ori

                                 CRLLP No. 67 of 2018




05.   07.04.2021               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 S.T. Case No.
                   19/79 of 2013 in the court of learned 1st Add. Sessions
                   Judge, Baripada. They were charged under Sections 302/34
                   of the I.P.C. The Trial Court acquitted the respondents of the
                   charge by judgment dated 29.11.2017.
                               The court below has taken into consideration
                   the evidence of P.W.6 and P.W.16 the Investigating Officer.
                   The   evidence   of    the   informant   appears   to   be   quite
                   inconsistent with that of evidence of P.W.16 who has clearly
                   stated that the distance between house and the cot is
                   approximately 30 to 40 feet and the dead body was lying on
ks
                   the village road which runs contrary to the assertions of
                   P.W.6 who has stated that the kitchen is about 3 to 4 cubits
                   from the cot. After analyzing their evidence the Court below
                   has passed the judgment.
                               Perused the entire evidence. 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 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
                        2




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
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