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2024 Supreme(Ori) 503

IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Harishankar Sagar – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Petitioner:Mr. Mahendra Kumar Mohapatra, Advocate
For the Opp. Party :Mr. B.K. Ragada, Addl. Government Advocate

Table of Content
1. overview of case and prosecution's claims. (Para 1 , 2 , 3 , 4 , 6)
2. presentation of the appeal context. (Para 7 , 8)
3. court's evaluation of evidence. (Para 9 , 14)
4. analysis of testimonies and prosecution's evidence. (Para 10 , 11 , 12 , 15)
5. observations regarding procedural issues. (Para 16 , 18)
6. legal reasoning based on evidence and precedent. (Para 19 , 20)
7. court's grounds for allowing the revision. (Para 21 , 22)
8. final decision and order of acquittal. (Para 23 , 24)

JUDGMENT :

S.S. Mishra, J.

The present Criminal Revision filed under Section 401 of Cr.P.C. is directed against the judgment and order dated 25.11.2009 passed by the learned Addl. Sessions Judge-cum-Special Judge (Vigilance), Balangir in Criminal Appeal No.18/8 of 2009, whereby the judgment of conviction and order of sentence dated 08.05.2009 passed by the learned S.D.J.M., Bolangir in G.R. Case No.709(A) of 2005/T.R. No.994 of 2006 has been confirmed.

2. According to the F.I.R. the prosecution story is that the informant in this case is a resident of village of Madhiapali. He bought two quintals' worth of 10 mm iron rods and one half quintal of 2 mm iron rods for the construction of his

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