Rohit Mallick vs State Of Odisha
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Orissa High Court

Rohit Mallick vs State Of Odisha on 31 July, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLA No.1206 of 2024
            Rohit Mallick                .....        Appellant
                                                         Represented By Adv. -
                                                         Pulakesh Mohanty

                                          -versus-
            State Of Odisha                     .....              Respondent
                                                        Represented By Adv. -

                                 CORAM:
                   THE HON'BLE MR. JUSTICE ADITYA KUMAR
                               MOHAPATRA
                                  ORDER

31.07.2025 Order No.

03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Although the present criminal appeal has been listed for admission, however, on a perusal of the impugned judgment dated 18.05.2024, this Court observes that the Appellant has approached this Court challenging the judgment dated 18.05.2024 passed in Sessions Trial No.75 of 2022 by the learned Additional District & Sessions Judge, Boudh thereby convicting the Appellant under section 302 of the Indian Penal Code thereby imposing a sentence to undergo R.I. for 20 years and to pay fine of Rs.2000/- in default of payment of fine to undergo R.I. for three months. Similarly, the Appellant has been sentenced to undergo imprisonment for 7 (seven) years and fine of Rs.2000/- in default of payment of fine to undergo R.I. for three months for commission of offence under section 25 of the Arms Act and further sentenced him to undergo R.I. for 20 years and

to pay fine of Rs.2000/- in default of payment of fine to undergo R.I. for three months for commission of offence under section 27 of Arms Act.

3. At the outset, this Court observes that although the Appellant has been convicted under section 302 of the Indian Penal Code, however, learned trial court imposed R.I. for 20 years, which is contrary to the provisions contained in the Indian Penal Code.

4. Let the matter be placed before the assigned Division Bench with the kind consent of the Hon'ble the Chief Justice.

( A.K. Mohapatra) Judge RKS

Designation: AR-CUM-Senior Secretary

Location: High Court of Orissa Date: 01-Aug-2025 18:20:51