State Of Odisha vs James Topno
2023 Latest Caselaw 7188 Ori

                                                IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                                 CRLLP No.127 of 2014

                                          State of Odisha                           ...              Petitioner
                                                                                        Mr. G.N. Rout, A.S.C.
                                                                       -versus-
                                          James Topno                               ...         Opposite Party
                                                                                                       None
                                          CORAM:
                                          THE CHIEF JUSTICE
                                          JUSTICE G. SATAPATHY
                                                                       ORDER

Order No. 03.07.2023

03. Misc. Case No.106 of 2014

1. For the reasons stated, the application is allowed. Accordingly, the delay in filing the CRLLP is condoned.

CRLLP No.127 of 2014

2. The State seeks leave to appeal against the judgment dated 29th May 2014 passed by the Additional Sessions Judge, Sundargarh in S.T. Case No.192/62 of 2013 acquitting the Opposite Party of the offence under Section 302 IPC.

3. The charge against the Opposite Party was that he had assaulted his wife by means of Sargi stick pursuant to a quarrel between them at around 8.30PM on 1st May, 2013.

4. The Informant in the case was P.W.3 who stated that the accused had somehow come to him and confessed about having killed his wife and that P.W.3 immediately proceeded to the spot and found the dead body of his wife lying at the spot.

5. As far as this witness is concerned, in cross-examination, he Signature Not Verified admitted that he had not made any such statement to the Police Digitally Signed Signed by: SUBASH KUMAR GUIN

Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Jul-2023 14:21:32 during the course of investigation. It is rendered the testimony of the Informant highly doubtful.

6. P.W.1 was another witness before whom the accused was said to have made a confession about having killed his wife. Given that P.W.1 was a Munsi and there was no personal relationship which would persuade the accused to confine in P.W.1 about having committed such a grave crime, the trial court founded improbable and unnatural that such a confession could have been made by the accused to P.W.1. Apart from these two witnesses, there was also the question of a nine hours delay in lodging the FIR although the Police are supposed to have reached the spot very soon after the occurrence took place. This again was not properly explained by the prosecution.

7. Having carefully examined the impugned judgment of the trial court with the assistance of the learned counsel for the State and having examined the evidence, the Court is not persuaded that the trial court has committed any error in its analysis of the evidence and conclusion that the prosecution has failed to prove the case against the Opposite Party beyond all reasonable doubt.

8. Consequently, the Court is not inclined to entertain the present petition. The CRLLP is dismissed as such.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge S.K. Guin

Signature Not Verified Digitally Signed Signed by: SUBASH KUMAR GUIN

Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Jul-2023 14:21:32