Brushabhanu Podh vs State Of Odisha
2025 Latest Caselaw 7949 Ori

Orissa High Court

Brushabhanu Podh vs State Of Odisha on 8 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLA No.174 of 2024
            Brushabhanu Podh              .....      Appellant
                                                          Represented By Adv. -
                                                          M/s Akash Bhuyan,

                                          -versus-
            State Of Odisha                     .....              Respondent
                                                        Represented By Adv. -
                                                        Ms.B.K.Sahu, AGA

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

08.09.2025 Order No.

05. I.A.NO.411 OF 2024

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

2. This is an appeal at the instance of the informant under section 372 of the Cr.P.C.

3. Learned counsel for the Appellant-informant at the outset contended that the accused persons, who have been convicted under sections 341,304-I/34 of the Indian Penal Code have been sentenced to undergo R.I. as has been indicated in the impugned judgment. He further contended that initially a case was registered for commission of offence under section 302 of the Indian Penal Code. The Appellant-informant has approached this Court by filing the present appeal with a prayer for enhancement of sentence by treating the case to be one under section 302 of the Indian Penal Code under section 304-I of the Indian Penal

Code.

4. Heard learned counsel for the Appellant as well as the learned counsel for Respondent Nos.2 to 5 and the learned Additional Government Advocate for the State-Respondent.

5. It appears that there is a delay of 47 days in preferring the present appeal. Taking into consideration the fact that the present appeal has been preferred at the instance of the informant. The delay in preferring the appeal is condoned.

6. I.A. is accordingly disposed of.

7. List this matter along with CRLA No.1344 of 2023. Since LCR has been called for in CRLA No.1344 of 2023, no order is required to be passed. Copy of the appeal memo be served on the learned Additional Government Advocate as well as the learned counsel appearing for Respondent Nos.2 to 5.

( A.K. Mohapatra) Judge RKS

Designation: AR-CUM-Senior Secretary