STATE OF ORISSA Vs. PRADEEP KANHAR

JUDGEMENT

(1.) This matter was heard through Video Conferencing mode earlier and by hybrid mode on 27/9/2021 due to COVID-19 pandemic.

(2.) We have heard Mr. A.K.Nanda, learned Addl. Government Advocate for the appellant-State and Mr. Suryakanta Dwivedi and Mr Dibyjyoti Sahoo D.J.Sahoo learned counsels for the respondents-opp. parties.

(3.) This application has been filed by the appellant-State under Sec. 378 (1) and (3) of the Cr.P.C. for leave to appeal against the judgment dtd. 29/8/2009 passed by the learned Adhoc Addl. Sessions Judge, Fast Track Court No.2, Kandhamal, Phulbani in Sessions Trial Case No.08 of 2009 arising out of G.R. Case No.408 of 2008 acquitting the opp. parties from the charges under Ss. 147/148/452/427/323/324/302/149 of I.P.C.The accused had been charged under the above offences for committing mischief of house trespass, voluntarily causing simple hurt and causing simple hurt by means of dangerous weapons and for having committed the murder of Gayadhar Digal in prosecution of the common object being members of unlawful assembly.