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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Baliram Halwa – Appellant
Versus
State of Orissa – Respondent
JUDGMENT :
S.S. Mishra, J.
The present Criminal Revision filed under Sections 401 read with Section 397 of Cr.P.C. is directed against the judgment and order dated 28.02.2011 passed by the learned Addl. Sessions Judge (FTC), Malkangiri in Criminal Appeal No.44 of 2008, whereby the judgment of conviction and order of sentence passed by the learned Chief Judicial Magistrate, Malkangiri in 2(a) CC No.18 of 2007/T.R. No.10 of 2008 has been confirmed.
2. The Petitioner was subjected to prosecution in 2(a) CC No.18 of 2007/T.R. No.10 of 2008 registered under Section 47(a) of the Bihar & Orissa Excise Act.
3. The prosecution case in brief is that on 11.06.2006 at 9.30 a.m., near a small river by the side of a forest adjoining to the village Korukonda, the accused was found preparing I.D. liquor illegally by the Sub-Inspector of Excise, Malkangiri. The accused was apprehended and in presence of the witnesses, one earthen pot containing 7 litres of I.D. liquor, one aluminium pot containing 15 kgs. of fermented Mohua wash, one earthen still head, one bamboo pipe with smell of liquor and one earthen pot containing 20 kgs. of hot fermented Mohua wash were seized from the exclusive and conscious po
The testimony of official witnesses can be the sole basis for conviction if it is reliable and consistent, even in the absence of independent witnesses.
The court upheld that convictions can rely on official witness testimony even without independent corroboration if the evidence is credible, and absence of chemical analysis report does not invalidat....
Conviction for illicit liquor possession cannot be based solely on non-chemical tests; lack of adequate evidence warrants acquittal.
The conviction under the Bihar & Orissa Excise Act was overturned as the prosecution failed to prove its case beyond reasonable doubt, relying inadequately on the accused's statement without sufficie....
The prosecution must prove the guilt of the accused beyond reasonable doubt; insufficient evidence leads to acquittal.
The sufficiency of evidence, including the requirement for proper chemical analysis and the examination of independent witnesses, is crucial in determining the sustainability of a conviction in the e....
The prosecution must prove the seizure and the nature of the seized material beyond all reasonable doubt, and the accused's statement under Section 313 of the Code of Criminal Procedure is not suffic....
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