Dayanidhi Digal vs State of Odisha - 2023 Supreme(Ori) 596

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Ori) 596

IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, S.K.PANIGRAHI
Dayanidhi Digal – Appellant
Versus
State of Odisha – Respondent

Advocates Appeared:
For the Appellant :Mr. Debi Prasad Dhal, Senior Advocate Mr. K. Mohanty, Adv.
For the Respondent:Mr. S.K. Nayak, Additional Government Advocate

Table of Content
1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. court's analysis of evidence (Para 8 , 11 , 12)
3. parties' arguments on the evidence (Para 9 , 10 , 13)
4. judgment and final order (Para 14)

JUDGMENT :

The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dated 1st March, 2017 passed by the learned Sessions Judge, Kandhamal, Camp at Baliguda, in Sessions Trial No.193 of 2011 arising out of G.R. Case No.147 of 2011 corresponding to Balliguda P.S. Case No.50 of 2011 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Balliguda.

2. PROSECUTION CASE:-

In the afternoon, Jaleswar Pradhani (P.W.1), the son of Jagadeswar (deceased) lodged a written report with the Sub- Inspector of Police, who, in the absence of the Inspector-in- Charge, was discharging the duty as such. The Sub-Inspector of Police treated said written report as FIR (Ext.2), registered the case and directed another Sub-Inspector of Police (S.I.-P.W.15) to take up investigation.

4. Learned S.D.J.M., Balliguda, on receipt of the Final Form, took cognizance of the said offences and after observing the formalities, comm

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