Orissa High Court
Rohit Mallick vs State Of Odisha on 1 September, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1206 of 2024
Rohit Mallick ..... Appellant
Mr. Pulakesh Mohanty,
Advocate
-versus-
State of Odisha ..... Respondent
Ms. Suvalaxmi Devi,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 01.09.2025
04. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This appeal has been listed today for fresh
admission.
It has come to our notice that the appellant Rohit
Mallick was charged for the offences punishable under
sections 498-A/302 of the Indian Penal Code and sections
25(1)(A)/27(3) of the Arms Act for committing murder of
gun.
The learned trial Court has found the appellant
guilty for the offence under section 302 of the Indian
Penal Code and sections 25/27 of the Arms Act and has
been pleased to hold in paragraph no.25 of the impugned
judgment that the prosecution has successfully
established the charges punishable under section 302 of
the Indian Penal Code and sections 25/27 of the Arms
Act against the appellant beyond all reasonable doubts
and accordingly found him guilty.
Under the heading of 'hearing on the point of
sentence' we found that the appellant has been
sentenced to undergo R.I. for a period of twenty years
and to pay a fine of Rs.2,000/- (rupees two thousand), in
default, to undergo R.I. for a further period of three
months for the offence under section 302 of the Indian
Penal Code. Sentences were also imposed for the
offences under sections 25/27 of the Arms Act and it was
directed that all the substantive sentences shall run
concurrently.
Section 302 of the Indian Penal Code, which deals
with punishment for murder states that whoever commits
murder shall be punished with death, or imprisonment
for life, and shall also be liable to fine.
In view of such provision of section 302 of the
Indian Penal Code, let an explanation be called for from
the concerned Judicial Officer as to how while finding the
appellant guilty under section 302 of the Indian Penal
Code, she sentenced the appellant to undergo R.I. for
twenty years.
The explanation should be submitted in a sealed
cover to the learned Registrar (Judicial) of this Court by
12.09.2025.
For such purpose, the file be placed before the
learned Registrar (Judicial) of this Court so that he will
send a copy of the order to the concerned Judicial
Officer.
Heard.
Admit.
Call for the trial Court records.
The Interim applications for bail and stay of
realization of fine shall be considered after receipt of the
trial Court records.
Let the learned counsel for the appellant supply the
deposition copies of the witnesses examined in the
learned trial Court to the learned counsel for the State in
the meantime.
List this matter in the week commencing from
15.09.2025.
( S.K. Sahoo)
Judge
(S. S. Mishra)
Judge
sipun
