STATE OF ORISSA Vs. PANKAJ MOHAN SASMAL

JUDGEMENT

(1.) The present petition by the State seeks leave to appeal against the judgment dtd. 5/2/2011 passed by the learned Ad-hoc Additional Sessions Judge (FTC), Bhubaneswar in Criminal Trial No.2/18 of 2009 arising out of G.R. Case No.1804 of 2008 corresponding to Mancheswar P.S. Case No.118 of 2008 acquitting the Opposite Parties-Accused of the offences under Sec. 302, 364, 201, 379, 120-B read with Sec. 34 of IPC.

(2.) The case of the prosecution was that the accused had kidnapped the deceased Pritam Priyadarshi Das @ Pinku and had murdered him by assaulting with a Katari and chapad in furtherance of their common intention. The crime is said to have taken place on 24/4/2008 at 11 am.

(3.) In order to prove its case, the prosecution examined as many as twenty seven witnesses whereas none was examined on behalf of the accused. With there being no eye-witnesses, the case proceeded on the circumstantial evidence. One of the key suspects was the accused Ram Chandra Tripathy whose daughter was having an affair with the deceased. While the parents of the deceased, i.e., PWs-1 and 21 were willing, the accused Ram Chandra Tripathy did not agree to negotiate and there was, therefore, misunderstanding between both the families. The golden ring presented to the daughter of Ram Chandra Tripathy was returned at the police station after Ram Chandra Tripathy lodged a written report there against the deceased.