PRATAP BEHERA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) BOTH the appeals arise from one and the same judgment passed by the learned ad hoc Additional Sessions Judge, Khurda in S.T. Case No. 2/11/206 of 2004 corresponding to G.R. Case No. 644/2003 in the file of the learned S.D.J.M., Khurda arising out of Tangi P.S. Case No. 122/2003. The impugned judgment with the order of conviction and sentence was passed on 31.3.2008.

(2.) IN short prosecution case as narrated in the F.I.R. dated 15.7.2003 is that on 13.7.2003 informant's nephew, Nityananda Behera (the deceased) consumed liquor obtained from liquor -vendor Bhagabat Parida (The Appellant in CRLA No. 318 of 2008). After taking in the liquor he fell sick. When his condition became serious he was shifted to the hospital at Balugaon on 15.7.2003 at 8.00 A.M. The doctor referred him to the Government hospital at Bhubaneswar. On the way he died. His dead body was brought to Tangi P.S. where F.I.R. was lodged.

(3.) THE defence case was one of denial as well as false prosecution.