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ORISSA HIGH COURT
DR.LAKSHMAN BEHERA – Appellant
Versus
STATE OF ODISHA – Respondent
Judgment :
Sanjeeb K Panigrahi, J.
1. This CRLMC under Section528 of B.N.S.S., 2023 read with Section 482 of the Code of Criminal Procedure, 1973 is directed against the order dated 20.08.2024 passed by the learned Assistant Sessions Judge-cum- C.J.M., Balasore in S.T. Case No.116 of 2022 and the order dated 18.01.2025 passed by the leaned Additional Sessions Judge, Balasore in Crl. Rev. No.44 of 2024 rejecting his application filed under Section 239 of the Cr.P.C. for to discharging him from the offences under Section 307 of the I.P.C. read with Sections 25/ 27 of the Arms Act.
I. FACTUAL MATRIX OF THE CASE:
2. The facts of the case are as follows:
(i) The litigation arises from Town P.S., Balasore P.S. Case No. 52 of 2021 registered on the written report of Alisa Singh, alleging that on 13.03.2021 at about 6:00 PM the present petitioner (Laxman Behera) fired a shot at the informant’s husband Ananda Singh, leading to registration of offences under Section 307 IPC and Sections 25/27 of the Arms Act, 1959.
(ii) After investigation by the IIC, Town P.S., charge-sheet was submitted against the petitioner under Section 307 IPC and Sections 25/27 Arms Act; the S.D.J.M., Balasore took cognizan
The court clarified that merely using a licensed firearm unlawfully does not constitute an offense under the Arms Act without a licensing violation, while affirming sufficient grounds for attempted m....
(1) ‘Motive’ is distinct from ‘object and means’ which innervates or provokes an action – Unlike ‘intention’, ‘motive’ is not the yardstick of a crime.(2) Illegal use of a licensed or sanctioned weap....
Conviction for attempted murder requires intent or knowledge of causing fatal injury, corroborated by witness and medical evidence, despite the victim’s hostility.
The court upheld conviction for grievous hurt where sufficient evidence was present but reversed convictions under sexual assault and firearms misuse due to lack of proof.
Authorities must adhere to the Arms Act by providing compelling evidence before cancelling or denying renewal of an arms license, and mere involvement in a criminal case is insufficient to justify su....
The trial Court must independently evaluate the material on record to form an opinion for framing charges and should not act as a mouthpiece of the prosecution.
Mere pendency of a criminal case does not justify cancellation of an arms license under the Arms Act; a substantial threat to public safety must be demonstrated for revocation.
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