Bijaya Munda vs State Of Odisha
2023 Latest Caselaw 12112 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                               JCRLA No.11 of 2008

             Bijaya Munda                          ....             Appellant
                                                     Mr. Sougat Das, Advocate
                                                             (Amicus Curiae)
                                       -versus-
             State of Odisha                       ....           Respondent
                                                  Mr. Arupananda Dash, A.G.A.

                     CORAM:
                     JUSTICE SANGAM KUMAR SAHOO
                     JUSTICE CHITTARANJAN DASH
                                   ORDER

Order No. 06.10.2023

10. 1. Heard Mr. Sougat Das, learned counsel appearing as Amicus Curiae on behalf of the Appellant Bijaya Munda and Mr. Arupananda Dash, learned Addl. Govt. Advocate in part.

2. On perusal of the impugned judgment dated 31.01.2005, it appears that, apart from the Appellant Bijaya Munda, co- accused Batua @ Dasaram Munda and Baburam Munda faced trial under Sections 302/201/34, I.P.C. and the present Appellant Bijaya Munda and Batua @ Dasaram Munda were found guilty of the offence under Sections 302/201/34, I.P.C. whereas accused Baburam Munda was found guilty under Section 201/34, I.P.C. The present Appellant Bijaya Munda and Batua @ Dasaram Munda were sentenced to undergo R.I. for life under Section 302/34, I.P.C. However, no separate sentence was awarded for the offence under Section 201, I.P.C.

3. So far as the convict Baburam Munda is concerned, he was sentenced to imprisonment as has already undergone for the offence under Section 201/34, I.P.C.

4. When we made a query to the learned Addl. Govt. Advocate as to whether the co-convict Batua @ Dasaram Munda has preferred any appeal challenging the impugned judgment and order of conviction or not, the learned AGA contacted the Superintendent of Keonjhar Jail over phone and submitted that the said co-convict was shifted from Keonjhar Jail either to Jamujhari Jail or Champua Jail and he requested that he may be given some time to ascertain as to whether the said co- convict Batua @ Dasaram Munda has preferred any Criminal Appeal or JCRLA and if so, about the status of the same.

5. In view of such submission, list this matter on 9 th October, 2023 as "Part Heard".

6. Except the name of Mr. Sougat Das, Advocate, who has been engaged as Amicus Curiae to argue the matter on behalf of the Appellant, the name of other advocates mentioned in the cause-list be expunged by the office.

                                                                           (Sangam Kumar Sahoo)
                                                                                  Judge

                                                                             (Chittaranjan Dash)
Signature Not Verified                                                             Judge
Digitally Signed
Signed by: SAMIR KUMAR PARIDA

Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date:S.K. Parida18:24:20 09-Oct-2023