Kulamani Barik & Another vs State Of Odisha
2024 Latest Caselaw 16753 Ori

Orissa High Court

Kulamani Barik & Another vs State Of Odisha on 18 November, 2024

Bench: S.K. Sahoo, Chittaranjan Dash

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLA No.472 of 2013

        Kulamani Barik & another     .....      Appellants

                                              Mr. Tirth Kumar Sahu,
                                              Advocate.
                                   -versus-

        State of Odisha              .....    Respondent

                                              Mr. Jateswar Nayak
                                              Addl. Government Advocate.

                              CORAM:
                   THE HON'BLE MR. JUSTICE S.K. SAHOO
              THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
                                    ORDER

Order No.                          18.11.2024

  20.              This   matter    is   taken     up   through   Hybrid

arrangement (video conferencing/physical mode).

Heard Mr. Tirth Kumar Sahu, learned Advocate appearing for the appellants and Mr. Jateswar Nayak, learned Additional Govt. Advocate appearing for the State of Odisha.

Hearing is concluded and the judgment is dictated in open Court vide separate sheets.

The Criminal Appeal is allowed in part. The impugned judgment and order of conviction of appellant No.1 namely Kulamani Barik under Section 302/34 of IPC dated 16.09.2013 passed by the learned Addl. Sessions Judge, Nayagarh in S.T. Case No.55/177 of

2013/2009 is hereby set aside and he is acquitted of the charge under section 302/34 of the Indian Penal Code.

So far as Appellant No.2 namely Bhimasen Barik is concerned, his conviction under Section 302/34, IPC is hereby altered to one under Section 304, Part-I of the Indian Penal Code and he is sentenced to undergo R.I. for 10 (ten) years.

The Appellant No.1 Kulamani Barik is on bail by virtue of the order of this Court dated 08.01.2024. He is discharged from liability of his bail bond. The personal bond and the surety bond stand cancelled.

The Appellant No.2 namely Bhimasen Barik is stated to be in judicial custody in connection with this case for more than 15 (fifteen) years. He shall be set at liberty forthwith, if his detention is not otherwise required in any other case.

( S.K. Sahoo) Judge

( Chittaranjan Dash) Judge

S.K. Parida

Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY

Location: ORISSA HIGH COURT, CUTTACK Date: 19-Nov-2024 20:37:17