The conviction under Sections 302/34 and 302/149 IPC was upheld as the court found sufficient evidence of common intention and credible eye witness testimonies corroborated by medical evidence.

“Neither a borrower nor a lender be. For loan doth oft lose both itself and friend and borrowing dulls the edge of husbandry.”

1. This famous quote was spoken by the character Polonius, King Claudius' Chief Minister as he gives advice to his son Laertes, while he is leaving for University in Paris in Shakespeare's play Hamlet. This advice emphasises the potential negative consequences of both lending and borrowing money, particularly in the context of relationships.

The case in hand depicts a painful and distressing event of double murder committed in front of the relations on the village street just in connection with non-payment of paltry loan amount of Rs.1,000/- (rupees one thousand only).

2. The appellants Chandia @ Chandi Sethy (A-1), Karunakar Sethy @ Nandu (A-2), Bulu Sethy (A-3), Premananda Sethy (A-4), Suratha Sethy (A-5) and Basanta Sethy (A-6) along with Bhramar Sethy, Dhruba Sethy and Kulamani Sethy preferred this criminal appeal, however during pendency of the appeal, Bhramar Sethy, Dhruba Sethy and Kulamani Sethy expired and accordingly, as per order dated 10.09.2024, the criminal appeal was directed to be abated in respect of those three appellants. Thus, this criminal appeal survives only in respect of appellants, namely, Chandia @ Chandi Sethy (A-1), Karunakar Sethy @ Nandu (A-2), Bulu Sethy (A-3), Premananda Sethy (A-4), Suratha Sethy (A-5) and Basanta Sethy (A-6).

3. In the Court of learned Additional Sessions Judge, Kendrapara (hereafter "trial Court") in Sessions Trial No.43/455 of 1996, the appellants, namely, Chandia @ Chandi Sethy (A-1), Karunakar Sethy @ Nandu (A-2), Bulu Sethy (A-3) and Basanta Sethy (A-6) were charged under sections 302/34 of the INDIAN PENAL CODE (hereafter, "I.P.C.") on the accusation that on 19.06.1996 at about 7.30 a.m. at village Indupur under Kendrapara police station, they attacked and assaulted Sankarsan Sethy (hereinafter "D-1") the son of the informant (P.W.7) and Babuli Sethy (hereinafter "D-2") by means of crowbar, spear, bhujali etc. who succumbed to the injuries at District Headquarters Hospital, Kendrapara. Similarly, the appellants, namely, Bhramar Sethy (Dead), Dhruba Sethy (Dead), Kulamani Sethy (Dead), Premananda Sethy (A-4) and Suratha Sethy (A-5) were charged under sections 302/149 of the I.P.C. on the accusation that on said date, time and place of occurrence, they caused the death of D-1 and D-2 by means of bhujali, spear, lathi etc.

The learned trial Court vide impugned judgment and order dated 22.09.1998 found the appellants, namely, A-1 Chandia @ Chandi Sethy, A-2 Karunakar Sethy @ Nandu, A-3 Bulu Sethy and A-6 Basanta Sethy guilty under section 302/34 of the I.P.C. and the appellants, namely, Bhramar Sethy (dead), Dhruba Sethy (dead), Kulamani Sethy (dead), A-4 Premananda Sethy and A-5 Suratha Sethy guilty under section 302/149 of the I.P.C. and sentenced each of them to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/- (five thousand) each, in default, to undergo R.I. for six months.

Prosecution Case:

4. The prosecution case, as per the first information report (hereinafter "F.I.R.") (Ext.4) lodged by Brahmananda Sethy (P.W.7), the father of D-1 on 19.06.1996 at Kendrapara police station, in short, is that his youngest son (D-1) was maintaining his livelihood by catching and selling fish. About one and half year prior to the date of occurrence, D-1 had given a hand loan of Rs.1,000/- (rupees one thousand) to A-2 Karunakar Sethy @ Nandu, who was his neighbour. In spite of several approaches to A-2, D-1 could not get back the loan amount. D-1 was taken into custody in connection with a rape case and lodged in Kendrapara Jail. While he was in jail custody, A-2 Karunakar Sethy @ Nandu who had borrowed money from D-1, paid Rs.200/- (rupees two hundred) to D-1 for his expenses. D-1 was released from jail fifteen to twenty days prior to the occurrence and he approached A-2 Karunakar Sethy @ Nandu for repayment of the lo