Siba Nial @ Trilochan vs State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 331

SANJIV KHANNA, SANJAY KUMAR
Siba Nial @ Trilochan – Appellant
Versus
State of Odisha – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Simarjeet Singh Satia, Adv. Mr. Shakti Kanta Pattanaik, AOR
For the Respondent(s): Mr. Subhasish Mohanty, AOR Mr. Mata Prasad Singh, Adv. Mr. Pritam Singh, Adv. Mrs. Ranjita Sahu, Adv. Mr. Rajiv Agnihotri, Adv. Ms. Gitesh Kumari, Adv. Mr. Umesh Kumar Shukla, Adv. Ms. Mamta Sharma, Adv. Ms. Charanjeet Sidhu, Adv. Mr. Ankit Bhatnagar, Adv.

ORDER

Leave granted.

2. This appeal by Siba Nial @ Trilochan challenges the judgment of affirmation by the High Court confirming his conviction under Sections 302 and 109 of the Indian Penal Code, 1860 [For short, “IPC.”], for the murder of Dhaneswar Kata and his wife, Nirupama Kata, during the intervening night of 31.05.2013 and 01.06.2013.

3. The case of the prosecution, as reflected in First Information Report [For short, “FIR.”] No. 72/2013 dated 01.06.2013 registered with Police Station – IIC, Boden, District - Nuapada, Odisha, is that Dhaneswar Kata and Nirupama Kata were found dead on the terrace of the house on the morning of 01.06.2013, having suffered gunshot injuries. They had gone to sleep on the previous night on the terrace of the house along with other family members, namely, Dhananjaya Kata, who was examined as PW-4, and Kishor Bachha, who was not examined.

4. Dhananjaya Kata (PW-4), in his Court deposition, did not claim having seen the person(s) who had shot dead Dhaneswar Kata and Nirupama Kata. This was also confirmed by the informant, Hrushikesh Kata (PW-1), who did not name any particular person as a culprit in the FIR (Exhibit 1). Dalimba Kata (PW-2), the wife of

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