State v. Sushant Nahak
Case brief
What is this about?
The State sought leave to appeal an acquittal in a murder case. The High Court found the trial court correctly analyzed the evidence, noting doubts about the dying declaration and independent witnesses, and dismissed the appeal.
What did the court decide?
Leave to appeal is denied and the criminal miscellaneous special leave petition is dismissed.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLLP No.45 of 2005
State of Odisha … Appellant
Mr. J. Katikia, Addl. Govt. Advocate
-versus-
Sushant Nahak
… Respondent None
CORAM: THE CHIEF JUSTICE JUSTICE G. SATAPATHY
ORDER
Order No.
11.07.2023
- The State seeks leave to appeal against the judgment dated 3rd December, 2004 passed by the Sessions Judge, Ganjam, Gajapati, Berhampur in S.C. No.134 of 2002 whereby the Respondent was acquitted of the offence punishable under Section 302 of the Indian Penal Code, 1860 (IPC) having been charged with committing the murder of Bidyadhar Nahak (hereafter ‘the deceased’) by firing.
Issues for consideration
2 issues framed by the court
Whether the State should be granted leave to appeal against the acquittal of the respondent in the murder case.
Whether the High Court can find the impugned judgment of the trial court to be correct based on its analysis of evidence.
Parties & counsel
- appellant
State of Odisha
- respondent
Sushant Nahak
Coram
G. Satapathy
Case details
As recorded by the court registry
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