TRINATH PANIGRAHY Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this appeal the order dtd.02.07.2019 passed by learned Addl. Sessions Judge-cum-Special Judge, Aska, Ganjam in S.T. Case No.56 of 2019(T) is sought to be set aside.

(2.) The sole contention of learned counsel for the appellant in assailing the order is that the ingredients of Section 3(2)(v) of SC & ST (PA) Act, 1989, i.e., the offence was committed in respect of deceased knowing that such person was a member of Scheduled Caste or Scheduled Tribe, is absent for which the order of cognizance is vulnerable under Law.

(3.) Learned Addl. Government Advocate submits that in the charge-sheet the Investigating Officer has specifically stated about the caste position and sanction obtained from the District Magistrate as well as information.