Kartik Parimanik vs State Of Orissa
2023 Latest Caselaw 15062 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLA No.283 of 2012
            Kartik Parimanik              ....                    Appellant
                                                            Mr. A.P. Bose,
                                                                 Advocate
                                       -versus-

            State of Orissa                   ....              Respondent
                                                       Mr. G.N. Rout, ASC
                    CORAM:
                    MR. JUSTICE D.DASH
                    MR. JUSTICE G.SATAPATHY
                                      ORDER

20.11.2023 Order No. I.A. No.2715 of 2023

27. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. The Appellant by filing this application has prayed for acceptance of the photocopy of certified copy of the judgments passed by the trial Court in S.T. Case No.41 of 2013, 46 of 2013 and 54 of 2013 as additional evidence.

3. Heard Mr. A.P. Bose, learned counsel for the Appellant and Mr. G.N. Rout, learned Additional Standing Counsel.

4. The trial which the present Appellant faced and also the three trials which were faced by the other accused persons arise out of Raikia P.S. Case No.53 of 2008 corresponding to G.R. Case No.206 of 2008 of the file of learned J.M.F.C., G.Udayagiri.

5. Learned counsel for the Appellant submits that in subsequent trials the co-accused persons have been acquitted of all the charges whereas in the first round of trial which this Appellant faced, he has been convicted of all those offences for which he

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stood charged. It is also submitted that when this Appellant has been convicted for the offences under Sections.147 and 148 of the IPC; all those accused persons who subsequently faced the trial have been acquitted of those offences and when this Appellant has been convicted for commission of offence under Sections 436/302/201 of the IPC read with Section 149 of the IPC, those accused persons who faced the subsequent rounds of trial have been acquitted of those offences. According to him, the results returned in subsequent trials thus would have the legal impact in deciding the culpability of the Appellant for those offences and, therefore, he prays for acceptance of these judgments as additional evidence.

6. Learned counsel for the State even though does not oppose the admission of the additional evidence, however submits that the evidence recorded in the subsequent trials cannot be read as the evidence of the present trial which the Appellant faced.

7. Taking into account the submissions made, we are inclined to accept the prayer advanced in the petition and admit the photocopies of the certified copies of three judgments as additional evidence. Accordingly, the three judgments are marked as Exts.G, H and J.

(D. Dash) Judge

(G. Satapathy) Judge

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ORDER 20.11.2023 Order No. CRLA No.283 of 2012

28. 1. List this matter in the week commencing 28.11.2023 for hearing.

(D. Dash) Judge

(G. Satapathy) Judge Kishore/Subhasmita

Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa Date: 21-Nov-2023 15:20:19