STATE OF ODISHA Vs. SANTILATA BARIK

JUDGEMENT

(1.) For the reasons stated, the application is allowed. Accordingly, the delay in filing the CRLLP is condoned. CRLLP No.47 of 2011

(2.) The State seeks leave to appeal against the judgment dtd. 22/11/2010 passed by the Additional Sessions Judge, Bhadrak in S.T. Case No.104/152 of 2006 acquitting the Opposite Parties of the offence punishable under Ss. 148, 341, 452, 323, 294 read with 149 of IPC and additionally acquitting Opposite Parties 1 to 10 of the offence under Sec. 302 read with 149 of IPC while convicting respondent No. 12 Gauranga Barik of the offence punishable under Sec. 302 of IPC.

(3.) The case of the prosecution is that in order to save his mother Shantilata Barik (P.W.1) who was by all the accused, the deceased Akshya Barik intervened and was attacked then by the accused and succumbed to his injuries.