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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO, CHITTARANJAN DASH
Chandia @ Chandi Sethy – Appellant
Versus
State of Odisha – Respondent
“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 appel
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.
The appellants' conviction for murder was altered to culpable homicide not amounting to murder due to lack of intent, despite their involvement in the unlawful assembly and rioting.
The court determined that while the appellants participated in an unlawful assembly leading to death, their intent was not murder, qualifying the offense under culpable homicide not amounting to murd....
Point of law : Object of the proceedings under Section 174 Cr.P.C. is merely to ascertain whether a person died under suspicious circumstances or met with an unnatural death and, if so, what was its ....
Reliable eye-witness testimony of natural witnesses, consistent with medical evidence and prompt FIR, sustains murder conviction under 302/34 IPC despite alleged enmity.
The main legal point established in the judgment is the application of Section 34 of the Indian Penal Code to establish the shared common intention of the accused in committing the murder.
Criminal Law – Offence of Murder – Testimony of eye-witnesses – Admissibility of - Testimony of eye-witnesses, we find that one Appellant 2 was identified as a member of the unlawful assembly who had....
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