JCRLA/64/2005
2021 Latest Caselaw 302 Ori

                                     JCRLA No.64 of 2005




07.   08.01.2021               This matter is taken up through video conferencing
                   mode because of Covid-19.
                               The matter was first listed before us on 12.11.2020.
                   On that date, none appeared for the appellant. So, we called for a
                   report from the Superintendent of Police and Inspector In-charge
                   of Telkoi Police Station, Dist. Keonjhar regarding the well being
                   and whereabouts of the sole appellant-Jagabandhu Juanga.
                               Then, the case was posted to 11.12.2020. On that
                   day, none appeared for the appellant. Report received from the
                   S.P. Keonjhar reveals that the appellant is staying in his native
                   village. Then, it was adjourned to 08.01.2021. The matter was
                   taken up today.
                               None appears for the appellant.
                               As the case is of the year, 2005, the Court was
                   inclined to take up hearing of the matter. Miss. Satabdi
                   Samantaray, a member of the High Court Bar Association having
                   some experience submits that she is ready to argue the case.
                   Hence, we appoint Miss. Satabdi Samantaray, as learned Amicus
                   Curiae to argue the case on behalf of the appellant. A copy of the
                   paper book is supplied to her.
                               Heard Miss. Satabdi Samantaray, learned Amicus
                   Curiae for the appellant and Mr. G.N. Rout, learned Addl.
                   Standing Counsel.
                               Miss. Samantaray relied upon the case of Rajesh
                   Patel vs. State of Jharkhand, decided on 15.03.2013 in
                   Criminal Apeal No.1149 of 2008, wherein the Hon'ble Supreme
                   Court has held that non-examination of the medical officer shall
                   prejudice the defence.
                             2




                  Hearing is concluded and judgment is dictated and
      pronounced in Court vide separate sheets.
                  In the result, the JCRLA is allowed.
                  The judgment of conviction and order of sentence
      passed on 17.02.2005 by the learned Adhoc. Addl. Sessions
      Judge (F.T.), Keonjhar against the appellant under Sections 302
      and 323 of the IPC in S.T. Case No.48/39 of 2004 are hereby set
      aside.
                  The appellant is acquitted of the aforesaid offences.
      He be set at liberty forthwith, if his detention is not required in
      connection with any another criminal case. It is seen from the
      record that the present appellant is on bail. The bail bond
      executed by him be cancelled.
                  The lower court record along with a copy of judgment
      be sent back to the trial court forthwith.
                  As restrictions are continuing for COVID-19, learned
      counsel for the parties may utilize the soft copy of this order
      available in the High Court's website or print out thereof at par
      with certified copies in the manner prescribed, vide Court's Notice
      No.4587, dated 25.03.2020.


                                                     .........................
                                                     S.K. Mishra, J.

.......................... Savitri Ratho,J. pcd