CRLLP/59/2018
2021 Latest Caselaw 4736 Ori

                                  CRLLP No. 59 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 Sessions Trial
                   No. 136 of 2014/Sessions Trial No. 94/2014-GDC in the
                   court of learned Addl. Sessions Judge, Chatrapur. They were
                   charged under Sections 147/148/302/120-B/149 of the
                   I.P.C. and under Section 27 of the Arms Act. The Trial Court
                   acquitted the respondents of the charge by judgment dated
                   23.12.2017.
                                 The court below has taken into consideration
                   the evidence of P.W.6, P.W.8, P.W.11 and P.W.7. P.W.11 the
                   Investigating Officer in his cross-examination stated that
                   P.W.8 has not stated the same, when he was examined by
ks
                   him. P.W.6 who has accompanied with P.W.8 in shifting of
                   the deceased from the spot to Khallikote P.S., has not
                   deposed about the dying declaration made by the injured
                   deceased when he was shifting to the hospital nor he has
                   stated the same thing in the F.I.R. No police personnel who
                   brought the injured deceased to the hospital in the police
                   jeep were examined by the prosecution to depose in support
                   to the alleged oral dying declaration of the injured deceased.
                   P.W.7 is the doctor who has treated the injured patient at
                   Khallikote hospital. In his cross-examination he has deposed
                   that the patient was in a delirious and disoriented position
                        2




and he was not in a position to speak. After analyzing their
evidence the Court below has not relied upon them and
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
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