Kunu@Mangulu Kisan v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

JCRLA No.34 of 2011 Kunu @ Mangulu Kisan ....

Appellant Mr. Jiban Ranjan Dash, Adv.

-versusState of Odisha ....

Respondent Mr. S.K. Nayak, AGA

CORAM:

MR. JUSTICE D. DASH DR. JUSTICE S.K. PANIGRAHI Order No.

ORDER

03.11.2022 10.

1. This matter is taken up through hybrid arrangement (virtual / physical) mode.

2. Learned counsel for the parties are present. Judgment prepared in separate sheets is delivered and pronounced in open Court in the presence of learned counsel for the parties and the order is passed accordingly as follows:-

3. There is no reason to believe that the Appellant has been falsely implicated in this case. No such suggestion was made by the witnesses or the investigating officer. All the circumstances relied on by the prosecution have been proved and they form a chain which leads to the only conclusion that the offence must have been committed by the Appellant.

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4. The result is that this appeal is without merits and the same is liable to be dismissed. We do so, confirming the judgment of conviction and order of sentence dated 14.03.2011 passed by the learned Ad hoc Additional Sessions Judge, Sundargarh in Sessions Trial No.196/48 of 2010.

5. The Appellant, who is stated to be on bail, vide order dated 18.11.2020 passed by this Court in I.A. No.39 of 2020 arising out of JCRLA No.34 of 2011, is directed to surrender before the trial court forthwith to undergo the sentence.

6. The trial court is directed to take all such effective steps immediately in accordance with law to secure the presence of the Appellant to undergo the sentence as imposed.

7. The Office to send a copy of the judgment to the trial court forthwith.

.

(D. Dash) Judge.

(Dr. S.K. Panigrahi) Judge.

B.Jhankar