Jagannath Kalta and Dhanu Kalta vs State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Ori) 563

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, G.SATAPATHY
Jagannath Kalta and Dhanu Kalta – Appellant
Versus
State of Odisha – Respondent

Advocates Appeared:
For the Appellant : Laxmi Narayan Patel
For the Respondent: G.N. Rout

Table of Content
1. details of the prosecution case and investigation (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. arguments of the parties (Para 8 , 9)
3. analysis of evidence and findings (Para 10 , 11 , 12)
4. final judgment and order (Para 13)

JUDGMENT :

1. The Appellants, by filing this Appeal, have called in question the judgment of conviction and order of sentence dated 4th May, 2011 passed by the learned Additional Sessions Judge, Sonepur, in Sessions Case No. 39/29 of 2004 arising out of G.R. Case No.38 of 2004 corresponding to Birmaharajpur P.S. Case No.20 of 2004 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Biramaharajpur.

2. PROSECUTION CASE:-

The written report, being received by the OIC (P.W.10), the same was treated as FIR (Ext.2) and upon registration of the case, the investigation was taken up.

4. Learned S.D.J.M., Birmaharajpur, on receipt of the Final Form, took cognizance of the said offence and after observing the formalities committed the case to the Court of Sessions for Trial. That is how the Trial commenced by framing the charge for the aforesaid offences against these accused persons.

6. Besides leading the evidence by examining the above witnes

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