CRLLP/2/2018
2021 Latest Caselaw 3780 Ori

                                     CRLLP No. 2 of 2018




04.   17.03.2021               Heard learned Addl. Government Advocate for
                   the appellant-State.
                               This is an application for leave to appeal under
                   Section 378(1) and (3) of the Code of Criminal Procedure,
                   1973 challenging the judgment dated 16.8.2017 passed by
                   the learned Sessions Judge, Deogarh in S.T. Case No. 24 of
                   2013. The opposite parties are faced trial for the charge
                   under Section 302/34 of the I.P.C. The trial Court by
                   impugned judgment acquitted the accused persons on the
                   finding that prosecution has failed to prove that the accused
                   has caused fatal injuries which resulted death of a person.
                   There was a gap between the time of death and filing of
                   F.I.R. which has not been explained. Prosecution has not
                   proved that the death of the deceased was homicidal. Taking
                   into consideration the possibility of two views and the view
                   which is supporting the accused was accepted by the trial
                   Court and passed the impugned judgment with reasons.
ks
                               In view of the above as there is no illegality or
                   irregularity in the impugned judgment, we are not inclined
                   to grant leave.
                               Accordingly the CRLLP is dismissed.


                                                           ..................
                                                            S.Panda,J.

....................... S.K.Panigrahi, J