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Judgment
Misc. Case No.134 of 2011
For the reasons stated, the application is allowed. Accordingly, the delay in filing the CRLLP is condoned
CRLLP No.99 of 2011
The State seeks leave to appeal against the judgment dated 5th March, 2011 passed by the Ad-hoc Additional Sessions Judge, Puri in S.T. Case No. 44/158 of 2005, S.T. Case No. 45/221 of 2006 & S.T. Case No. 46/131 of 2007. By the impugned common judgment, the trial Court convicted the 76 accused for the offences under Section 304 Part II of IPC and sentenced them to undergo Rigorous Imprisonment (R.I.) for seven years and to pay a fine of Rs. 2,000/- and in default to undergo R.I. for two months. The trial Court also convicted the Opposite Party accused for the offence under Section 147 of the IPC for which they were sentenced to R.I. for one year and pay a fine of Rs. 1,000/- in default to undergo R.I. for one month.
The State seeks leave to appeal only to the extent that the accused have been held not guilty of the offence punishable under Section 302 read with Section 149 IPC.
The fact of the matter was that the deceased did not immediately succumb to the injuries suffered by him. He died while undergoing treatment at the hospital. The evidence led by the prosecution did not prove beyond doubt the guilt of the accused for the offence punishable under Section 302 of the IPC as it was unable to be shown that the killing was pre-meditated.
Having carefully examined the entire evidence with the assistance of the learned counsel for the State, the Court is not satisfied that the trial court has committed any error in either the analysis of the evidence or the conclusion reached. No grounds have been made out for grant of leave to appeal.
The CRLLP is dismissed as such.
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