State Of Odisha vs Jati @ Jatia @ Jaladhar Behera & Ors. .... ...
2025 Latest Caselaw 4666 Ori

Orissa High Court

State Of Odisha vs Jati @ Jatia @ Jaladhar Behera & Ors. .... ... on 5 March, 2025

Bench: B. P. Routray, Chittaranjan Dash

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 06-Mar-2025 10:57:05



                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                             CRLLP No.80 of 2004

                                          State of Odisha                        ....         Petitioner
                                                                                Ms. B.L.Tripathy, ASC

                                                                   -versus-

                                          Jati @ Jatia @ Jaladhar Behera & Ors. ....      Opposite Parties
                                                                                                  None
                                                    CORAM:
                                                    JUSTICE B. P. ROUTRAY
                                                    JUSTICE CHITTARANJAN DASH

                                                                 ORDER

05.03.2025 Order No.

05. 1. This matter is taken up through hybrid mode.

2. Heard Ms. Tripathy, learned ASC for the Petitioner.

3. None appears on call for the Opposite Parties.

4. The charge was for commission of offences under Section 302/34 IPC.

4. The prosecution primarily relied on the evidence of P.W.1 who was stated to be the eye witness of the occurrence. But upon scrutiny of the evidence he is found to be an unreliable witness for the reasons mentioned in detail in the impugned judgment. Such finding of the learned Trial Judge not to rely on the evidence of P.W.1 cannot be found with any flaw.

Location: High Court of Orissa, Cuttack

6. Accordingly, the impugned judgment of acquittal is found satisfactorily and the State is unable to bring out any prima facie case against the private-Opposite Parties.

7. The CRLLP is dismissed.

(B.P. Routray) Judge

(Chittaranjan Dash) Judge

S.Das