CRA/122/1998
2021 Latest Caselaw 852 Ori

                                      CRA No.122 of 1998




26.   25.01.2021         This matter is taken up through Video Conferencing
                   mode because of COVID-19 pandemic.
                         Heard Mr. D.P. Dhal, learned Senior counsel for the
                   appellants and Mr. A.K. Nanda, learned Addl. Government
                   Advocate for the State.
                         This matter is taken up for hearing for final disposal.
                   In course of advancing the argument by the learned Senior
                   Advocate Mr. D.P. Dhal did not challenge the medical
                   evidence in this case relating to the homicidal nature of the
                   death of the deceased in the occurrence. He confined his
                   argument to right of private defence of property. In course
                   of argument he place reliance upon several judgments of the
                   Hon'ble Supreme Court and contends that the appellants
                   were in possession of the land in question and the deceased
                   person and the informant were the aggressors. He further
                   submits that the R.I. report which was prepared pursuant to
                   the requisition made by the Investigating Officer has been
                   suppressed in this case and the Investigating Officer has
                   categorically admitted that the land in question stands
                   recorded in the name of deceased-appellant-Dwaru Patra.
                   He further argued that the appellants sustained injuries on
                   their person but the prosecution has not explained injuries
                   found on their person. Therefore, he argued that the appeal
                   be allowed and the appellants be acquitted for the offences.
                       Mr. A.K. Nanda, learned Addl. Government
        Advocate on the other hand submits that the plea of right to
        private defence has already been answered by the learned
        Trial Judge in this case who found the deceased and P.W.s
        to be in possession of the land. He relies on the judgment
        relied upon by the Trial Judge while delivering the
        judgment in the Sessions Trial. The learned Addl.
        Government Advocate, therefore, prays to dismiss the
        appeal. (He prays that the Ext-11 from the side of the
        prosecution and Ext.-A from the side of the defence which is
        a restraint order against the accused may be taken to
        consideration in this case).
               Both learned counsels are at liberty to file note of
        submissions along with citations they rely upon, within
        seven days.
               Hearing is concluded.
               Judgment is reserved.
                                               .............................
                                                S.K. Mishra, J.

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

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