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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Ayusmanta Sarangi – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. summary of prosecution's case. (Para 2) |
| 2. revisionist's arguments for innocence. (Para 3) |
| 3. discussion on law of charge and discharge. (Para 4 , 5 , 6) |
| 4. court's analysis on the role of the principal. (Para 21 , 22 , 23) |
| 5. absence of evidence leads to discharge. (Para 30 , 31) |
| 6. conclusion and order of the court. (Para 34 , 37 , 39) |
JUDGMENT :
S.K. Panigrahi, J.
1. The petitioner has filed this criminal revision challenging the order dated 17.10.2023 passed by the Assistant Sessions Judge-Cum-Judge (Special) for Womens Court, Bargarh in CT No.84/23 rejecting discharge petition under Section 227 of Cr.P.C. filed by the petitioner for alleged commission of offence under Section(s) 294/306/34 of IPC .
I. CASE OF THE PROSECUTION
2. The prosecution’s case can be summarized as follows :
(i). Rajesh Sahu (“the deceased”), a 17 year old student at Dadhibaman College, Bhatli, resided in the hostel alongside two fellow students, Pitabash Sahu (“Accused No.1”) and Pritam Sahu (“Accused No.3”). On 18.02.2019, one of the hostel residents, Bidyadhar Seth, celebrated his birthday on the hostel block’s upper floor, joined by Rajesh and other boarders. Following the celebration, when
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