The judgment emphasizes the need for caution in evaluating evidence in a grave crime, the requirement for independent corroboration of related witnesses, and the importance of proving the plea of alibi on preponderance of probabilities.

JUDGMENT

Dr. S. Muralidhar, CJ. - This appeal by the State of Orissa is against a judgment and order dated 16th January 1991 passed by the learned 2nd Additional Sessions Judge, Puri (hereafter, "the trial court") acquitting the accused persons i.e., Respondent Nos.1 to 28 of the charges under Sections 302/149 IPC and 302/149/148 IPC in Sessions Trial No.9/61 of 1990.

2. It requires to be mentioned at the outset that during the pendency of the present appeal, Accused No.1 (A1) Benu Behera, A3-Sankar Behera, A8-Bihari Palei, A10-Gatiswar Lenka, A11-Jogi Lenka, A18-Bidyadhar Pradhan and A20-Narayan Pradhan have expired. It must also be noted that leave was granted to the State to appeal against the impugned judgment and order of the trial court by this Court by an order 22nd April, 1991. By orders dated 18th June and 26th June 1991, the Respondents were directed to be released on bail on furnishing bonds of Rs.2000/- each with one surety for the like amount to the satisfaction of the trial court.

3. From time to time, this Court has adjourned the case and on 26th February 2021, the Registry was asked to obtain instructions from the Superintendent of Police (SP), Puri and the Inspector-In- Charge (IIC), Pipili Police Station (PS) as to the whereabouts of the Respondents.

4. The reports submitted confirm that apart from the above six persons who had expired, 22 remaining are available of which 16 persons are residents of village Baligaon, PS-Pipili, District-Puri and remaining 6 persons belong to different villages in PS-Pipili.

5. This Court has heard the submissions of Mr. J. Katikia, learned Additional Government Advocate for the State-Appellant.

Case of the prosecution

6. The case of the prosecution is that the Officer-In-Charge (OIC) of Pipili PS Nibaran Samal (P.W.23) received information at around 10.15pm on 2nd March 1989 from one Sri Naresh Chandra Bastia (P.W.7) that the motorcycle of the deceased Banambar Padhan was lying near the canal embankment, but he was not available there. This fact was then entered by P.W.23 in S.D. Entry No.39 dated 2nd March 1989 (Ext.24). P.W.23 immediately proceeded to the spot where he found a motorcycle lying near the Mangulia Khata by the side of the canal embankment. However, he found the dead body of the deceased lying in the Bari (garden) of A5-Jayakrishna Rout. There he found Labanya Dei (P.W.3), the mother of the deceased and Purna Chandra Pradhan (P.W.4), the father of the deceased weeping.

7. It is stated that on the oral report of one Nisamani Bewa (P.W.1), P.W.23 drew up a plain paper FIR (Ext.1/1). In that report, P.W. 1 mentioned about a long-standing enmity between the accused persons headed by A5 on the one hand and the deceased on the other. Apparently, several OLR cases were pending between them. Her report further stated that two days prior to the occurrence, there was a dispute between the accused persons and the deceased regarding catching of fish from the village tanks. On 2nd March 1989, the deceased had been to Pipili in his motorcycle and in his absence, between 4 and 8 pm, all the accused were stated to have held a meeting in the shop of A18 - Bidyadhar Pradhan and decided to kill the deceased when he returned from Pipili on his motorcycle.

8. The report of P.W.1 was that while at around 9 pm when she was going to bed, she heard the sound of the motorcycle coming from the side of Mangulia Jora. When she came to the Danda, she could hear the voice of A5 and his party men who were exhorting that the deceased should be killed. She also heard the sound of beating and the voice of the deceased who was raising hullah seeking help. P.W.1 then stated that she had gone to the parents of the deceased to report the matter. When they proceeded towards Mangulia Khata to know what happened to the deceased, they could see Sankar Behera (A3); his son Banka Behera (A4) and Jogi Lenka (A11), Gatiswar Lenka (A10), Bhagi Palei (A13), Gandu Khatei and Surendra Palei (A12) running away towards th