State Of Orissa vs Padia Behera And Another
2023 Latest Caselaw 7045 Ori

                                                IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                                  CRLLP No.79 of 2006



                                          State of Orissa                         ...              Petitioner
                                                                                      Mr. G.N. Rout, A.S.C.
                                                                      -versus-
                                          Padia Behera and another                ...        Opposite Parties
                                                                                 Proxy counsel on behalf of
                                                                           Mr. S.K. Padhi, Senior Advocate


                                          CORAM:
                                          THE CHIEF JUSTICE
                                          JUSTICE G. SATAPATHY
                                                                      ORDER

Order No. 21.06.2023

06. 1. The State has preferred the present petition seeking leave to appeal against the judgment dated 22nd August 2005 passed by the Additional Sessions Judge, Dhenkanal in Criminal Trial (Sessions) No.26 of 2005/3 of 2005 arising out of GR Case No.683 of 2004 whereby the Opposite Parties-accused have been acquitted from the offence under Sections 302/34 of IPC having been charged with committing the murder of the deceased Gatikrushna Behera in furtherance of their common intention on 28th August 2004 at around 10.30 to 11 am. The three main witnesses to the occurrence as projected by the prosecution were Niranjan Naik (P.W.6), Dharani Naik (P.W.13) and Bipin Naik (P.W.14).

2. The case of the prosecution was that these three witnesses saw the accused assault the deceased with a Tangia (MO-I) and a

Signature Not Verified Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 22-Jun-2023 11:58:13 Ghana/iron hammer (MO-II) and that the deceased died on the spot.

3. However, on careful analysis of the evidence of the three eye witnesses, the trial court came across numerous discrepancies not only as regards the sequence of events, but as to the actual assailants. Also, they were not corroborated by the evidence of the father of the deceased (P.W.5). There was also no satisfactory explanation for the delay in lodging the FIR only at 2pm on the date of occurrence. Also, during inquest conducted, the names of none of the accused was mentioned. The prosecution evidence overall was doubtful and did not inspire confidence. Accordingly, the trial court was not satisfied that the prosecution had been able to prove the guilt of the Opposite Parties-accused beyond all reasonable doubt.

4. Having examined the evidence with the assistance of the learned counsel for the Petitioner-State, the Court is not satisfied that the trial court has committed any serious error in coming to the above conclusion. No grounds have been made out for interference. The CRLLP is accordingly dismissed.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge S.K. Guin

Signature Not Verified Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 22-Jun-2023 11:58:13