Chittaranjan Sethi @ Kalia vs State of Orissa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Ori) 457

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, A.C.BEHERA
Chittaranjan Sethi @ Kalia – Appellant
Versus
State of Orissa – Respondent

Advocates Appeared:
For the Appellant :Mr. S. Sourav Advocate (Amicus Curiae)
For the Respondent: Mr. G. N. Rout, Additional Standing Counsel

Table of Content
1. overview of the conviction and background. (Para 1 , 2 , 3)
2. prosecution evidence and witness examination. (Para 4 , 5 , 6)
3. defense and prosecution arguments on evidence. (Para 8 , 9)
4. court's analysis of evidence discrepancies. (Para 10 , 11 , 12)
5. final decision and order of the court. (Para 13 , 14)

JUDGMENT :

The Appellant, by filing this Appeal from inside the Jail, has challenged the judgment of conviction and order of sentence dated 13th July, 2012 passed by the learned Ad-hoc Additional Sessions Judge, (FTC), Baripada in S.T. case No.24/181 of 2010-2009, arising out of G.R Case No.100 of 2009, corresponding to Kaptipada P.S. Case No.26 of 2009 of the Court of the learned Sub-Divisional Judicial Magistrate (SDJM), Udala.

Prosecution case:-

On that day, around 7 p.m., the son of the deceased namely Sarata (Informant- P.W.1) lodged a written report (Ext.1) with the Officer-in- Charge (OIC) of Kaptipada Police Station (P.W.9). The OIC (P.W.9), having received the said written report (Ext.1), treated the same as FIR and upon registration of the case, took up the investigation.

3. Learned SDJM, Udala, having received the Final Form as above, took cognizance of

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