State Of Orissa vs Lingaraj Sahu And Another
2023 Latest Caselaw 7050 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      CRLLP No. 4 of 2006

            State of Orissa                            ....          Petitioner
                                                      Mr. Rajesh Tripathy
                                              Additional Standing Counsel
                                      -versus-
            Lingaraj Sahu and another               .... Opposite Parties


                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE G. SATAPATHY

                                         ORDER

Order No. 21.06.2023 Misc. Case No.3 of 2006 & CRLLP No.4 of 2006

06. 1. There is an unexplained delay of 37 days for the State in filing the present criminal leave petition which seeks leave to appeal against the judgment dated 31st August, 2005 passed by the Sessions Judge, Dhenkanal in S.T. Case No.11-D of 1997/41-D of 1999 acquitting the Opposite Parties-Accused of the offences under Sections 302 read with 34 of IPC and 120-B/109 IPC. Even on merits, the Court finds that the evidence gathered by the prosecution to prove the conspiracy amongst the Opposite Parties- Accused to commit the murder of the deceased was insufficient to bring home their guilt.

2. Having examined the evidence carefully and with the assistance of learned counsel for the State, the Court is unable to come to a different conclusion.

3. Consequently, the present criminal leave petition is dismissed both on the grounds of limitation as well as on merits.

(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