Bijaya Kumar Behera vs State Of Odisha
2022 Latest Caselaw 1866 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLA No.578 of 2021

            Bijaya Kumar Behera                     ....                  Appellant
                                               Mr. Santanu Kumar Sarangi, Advocate
                                         -Versus-
            State of Odisha                         ....               Respondent
                                                      Smt. Saswata Pattnaik, A.G.A.


                     CORAM :
                           JUSTICE C.R. DASH
                           JUSTICE M.S. SAHOO
                                       ORDER

16.03.2022 Order No.

02. I.A. No.1034 of 2021

1. This matter is taken up through Hybrid Arrangement (Virtual / Physical) Mode.

2. Heard learned counsels for the parties.

3. This is a case of murder and the Appellant has been convicted under Section 302, I.P.C. The case is based on circumstantial evidence. The circumstances are -

(i) Appellant-Petitioner - Bijaya Kumar Behera was seen last in the company of the deceased, as testified by P.Ws.2, 3, 4, 5 & 13.

(ii) Absconding of the Appellant-Petitioner from the village after the occurrence.

4. From the record it is found that there was no external injury on the dead body of the deceased, and the viscera report is suggestive of presence of poison in the stomach of the deceased.

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Whether the deceased was made to drink poison or he took poison himself is a question, which does not find answer from the materials on record.

5. So far as the last seen theory is concerned, there are number of contradictions in the evidence of P.Ws.2, 3, 4, 5 & 13. The factum of absconding as a circumstance has not been proved in the case as a primary fact.

6. Regard being had to all such facts and the fact that the Appellant-Petitioner was throughout on bail during trial, we feel persuaded to release the Appellant-Petitioner on bail.

7. Accordingly, the Appellant-Petitioner - Bijaya Kumar Behera is directed to be released on bail by the learned Sessions Judge, Nayagarh in S.T. No.62/203 of 2006/2005 on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

8. The I.A. is disposed of accordingly.

9. Urgent certified copy of this order be granted as per rules.

........................

C.R. Dash, J.

........................

M.S. Sahoo, J.

03. I.A. No.1036 of 2021

1. Heard.

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2. There shall be stay of realization of fine imposed on the Appellant-Petitioner vide the impugned judgment/order of conviction and sentence dated 05.10.2021 passed by the learned Sessions Judge, Nayagarh in S.T. No.62/203 of 2006/2005. This order shall be effective till disposal of CRLA No.578 of 2021.

3. The I.A. is disposed of accordingly.

4. Urgent certified copy of this order be granted as per rules.

........................

C.R. Dash, J.

........................

M.S. Sahoo, J.

S.K.Parida