State Of Orissa vs Jagannath Sahoo
2023 Latest Caselaw 7048 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     CRLLP No. 46 of 2005

            State of Orissa                              ....          Petitioner
                  Mr. Janmejaya Katikia, Additional Government Advocate
                                     -versus-
            Jagannath Sahoo                         ....    Opposite Party
                                 M/s. S.K. Mund, Advocate & Associates

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY

                                         ORDER

Order No. 21.06.2023

05. 1. The present petition by the State seeks leave to appeal against the judgment dated 7th September, 2004 passed by the learned District Judge-cum-Special Judge, Kalahandi, Nuapada at Bhawanipatna in Special Act Case No.43 of 2003 acquitting the Opposite Party- Accused of the offence under Section 302 read with Section 34 of IPC.

2. By the same judgment, the trial Court had convicted two other co-accused persons against which they had preferred Criminal Appeal No.305 of 2004 in this Court. By a judgment dated 19th February 2008, this Court allowed the said appeal and reversed the conviction of the co-accused.

3. In view of the above development, Mr. Janmejaya Katikia, learned Additional Government Advocate for the State fairly states that the present petition against the Opposite Party-accused cannot be sustained.

4. Accordingly, the present petition is dismissed.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge S. Behera

Signature Not Verified Digitally Signed

Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 22-Jun-2023 11:44:28