IN THE HIGH COURT OF ORISSA AT CUTTACK CRLLP No. 119 of 2015 (Arising out of the Judgment and Order of acquittal dated 22^nd of May, 2015 passed by Shri Ishan Kumar Das, Addl. Sessions Judge, Bhubaneswar in Criminal Trial No. 1/42 of 2012, for the offence under section 302/120-B/109/34 of the Indian Penal Code, 1860)

State of Odisha …. Appellant Mr. Gautam Tripathy, AGA -versus-

Anil Chhotray & Ors. …. Respondent Mr. Samvit Mohanty, Advocate CORAM:

THE HON’BLE MR. JUSTICE B. P. ROUTRAY THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Date of Judgment: 14.02.2025 Chittaranjan Dash, J.

1. The Petitioner, the State of Odisha, has filed this application seeking leave to appeal challenging the judgment and order of acquittal dated 22.05.2015, passed by the learned 2nd Additional Sessions Judge, Bhubaneswar, in Criminal Trial No. 1/42 of 2012 arising out of G.R. No. 1301/2015 and Nayapalli P.S. Case No. 115/2005, wherein, the learned trial Court acquitted all 16 accused persons (Respondents) of offences under Sections 302/120- B/109/34 of the Indian Penal Code, 1860, (hereinafter, in short, called “IPC”), and Sections 25/27 of the Arms Act, 1959.

2. The CRLA filed by the present Respondents, seeking a different prayer, has been attached with this CRLLP along with the Lower Court Records and the Paperbook, for reference. The availability of the LCR and Paperbook ensured availability of all relevant documents, including the trial Court judgment, witness depositions, scientific reports, and other materials taken in evidence by the trial Court, were before this Court for appreciation of the case and hear the matter on merit upon the admission of this petition

3. The prosecution case, in brief, is that the Informant, Prakash Chandra Das (P.W.24), the elder brother of Subash Chandra Das @ Rubu, lodged a written report before the IIC, Nayapalli Police Station, Bhubaneswar, on 18.04.2005 at about 1:15 p.m., stating that his younger brother, Subash and his associate, Dhiren Kumar Sethi, have been murdered near Jaleswar Temple Road, Bhubaneswar. Earlier that day, around 11:30 a.m., the deceased and Dhiren had gone to Ruchika Market and then proceeded to meet one Anil Kumar Mahalik, a Special Class Contractor, to collect documents for photocopying near Jaleswar Temple. Shortly thereafter, the Informant received a telephonic call informing him that his brother has been shot dead. Upon reaching the spot, he found that Dhiren’s body is lying in front of Jaleswar Temple and Subash’s body is near the office of the Executive Engineer, Prachi Division, both surrounded by a pool of blood. Witnesses at the scene informed him that nine unidentified assailants on three motorcycles arrived at the location, abused the victims, and opened fire at them as they attempted to escape. The deceased sustained multiple gunshot wounds, including injuries to the chest and forehead. On receipt of the FIR, the IIC registered Nayapalli P.S.

Case No. 115/2005 under Sections 302/34 IPC and Section 25 of the Arms Act and commenced an investigation.

4. In course of the investigation, the I.O. seized two empty cartridges, a bullet, a mobile phone, and cash from the crime scene. He arrested three Accused-Respondents, including Guna @ Bablu Lenka and Dhadu @ Artatrana Pradhan, and based on their alleged confessional statements, firearms, ammunition, and a motorcycle were recovered. The case was subsequently transferred to the Crime Branch, which, after further investigation, filed a charge sheet against 19 accused persons, including contractors accused of conspiring to eliminate the deceased due to a tender-fixing rivalry. Out of these, two accused could not be apprehended, and one had expired, leading to the trial of 16 accused person.

5. The case of the defence is one of complete denial and false accusations.

6. To bring home the charge, the prosecution examined 86 witnesses in all. The defence, on the other hand, examined none.

7. The learned trial Court having believed the evidence of the p