Sri Sisir Kumar Sahoo vs State Of Odisha And Others
2023 Latest Caselaw 11517 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      CRLA No.894 of 2023
                                Sri Sisir Kumar Sahoo                      ....          Appellant
                                                                          Mr. S. Sahoo, Advocate
                                                             -versus-
                                State of Odisha and others                 ....       Respondent
                                                                        Mr. Sonak Mishra, A.S.C.

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY
                                            JUSTICE CHITTARANJAN DASH

                                                          ORDER

21.09.2023 Order No.

02. 1. Heard Mr. S. Sahoo, learned counsel for the Appellant and Mr. Sonak Mishra, learned Additional Standing Counsel for the State- Respondent No.1.

2. Present appeal is directed by the informant against acquittal of accused-Respondents No.2 and 3 from alleged commission of offences under Sections 302/120-B/34, I.P.C.

3. The case is based on circumstantial evidences. Though in the opinion of the learned trial judge the homicidal nature of death of the deceased has been established, but nothing material could be established against them to bring their complicity in the alleged offences.

4. Upon perusal of the evidences of relevant witnesses, Viz. P.W.3 to 6, 14 and 18, as well as the circumstances narrated by the prosecution against the accused persons, we fail to convince

Signature Not Verified Digitally Signed

Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Sep-2023 19:20:04 ourselves to disagree with the conclusion arrived by the learned trial court. It is to be stated here that however strong the suspicion would be, but the same cannot take the place of evidence. As such, upon analysis of entire evidence of the witnesses and the so- called circumstances brought by the prosecution, we decline to interfere with the impugned judgment. Thus agreeing with the order of acquittal of the learned trial court, the present appeal is dismissed.

(B.P. Routray) Judge

(Chittaranjan Dash) Judge

B.K. Barik

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Sep-2023 19:20:04