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.

JUDGMENT :

S.K. Sahoo, J.

A trivial incident of passing lewd comments to a girl during video show in the village followed by protest by the family members of the girl escalated into an uncalled for tragic scenario of murder of girl’s father. Glaring examples are there in scripture when the game of dice and subsequent humiliation of Draupadi stood out as a pivotal incident that irrevocably set the stage for Kurukshetra War. It is crucial to discern which minor disagreements have the potential to escalate so that it can be addressed early which would prevent them from snowballing into more significant conflicts or resentment, impacting relationships or broader social systems.

The appellants Dinabandhu Dehury (A-1), Sridhar Behera (A-2), Tikina Pradhan @ Tikam Pradhan (A-3), Gouranga Pradhan (A-4), Gagan Pradhan (A-5) and Madhab Behera (A-6) along with Raja @ Rajkishore Dehuri preferred this appeal, however during pendency of the appeal, Raja @ Rajkishore Dehuri expired and as such, as per order dated 18.12.2000, the Criminal Appeal has been directed to be abated in respect of the said appellant. Thus, this Criminal Appeal survives only in respect of six appellants, namely, Dinabandhu Dehury (A-1), Sridhar Behera (A-2), Tikina Pradhan @ Tikam Pradhan (A-3), Gouranga Pradhan (A-4), Gagan Pradhan (A-5) and Madhab Behera (A-6).

The appellants along with others, all total sixty four accused persons faced trial in the Court of learned Addl. Sessions Judge, Khurda in S.T. No.45/475 of 1996 for commission of offences under sections 147, 148, 337/149 and 302/149 of the INDIAN PENAL CODE (hereinafter ‘I.P.C.’) on the accusation that on 24.08.1994 at about 8.00 a.m. at village Tandalo under Begunia police station, they were the members of unlawful assembly and committed the offence of rioting being armed with deadly weapons and in prosecution of the common object, they pelted brickbats so rashly and negligently as to endanger human life and thereby caused hurt to Ramesh Naik (P.W.6), Madhu Behera (P.W.15) and one Akhaya Kumar Panda and also committed murder of Jadumani Behera (hereafter ‘the deceased’) by intentionally causing his death.

Further, A-1 Dinabandhu Dehury, A-2 Sridhar Behera, A-3 Tikina Pradhan @ Tikam Pradhan, A-4 Gouranga Pradhan, A-5 Gagan Pradhan and A-6 Madhab Behera along with accused Tiki Naik and Raja Kishore Dehury (since dead) were charged for the offence under section 302 of I.P.C. for assaulting and committing murder of the deceased by intentionally causing his death and were further charged for commission of the offence punishable under section 337 of I.P.C. for causing hurt to Ramesh Naik (P.W.6), Madhu Behera (P.W.15) and one Akhaya Kumar Panda by pelting brickbats so rashly and negligently so as to endanger human life and personal safety of others.

The learned trial Court vide impugned judgment and order dated 19.12.1997, while acquitting the other accused persons of all the charges as aforesaid, found A-1 Dinabandhu Dehury, A-2 Sridhar Behera, A-3 Tikina Pradhan @ Tikam Pradhan, A-4 Gouranga Pradhan, A-5 Gagan Pradhan and A-6 Madhab Behera and Raja Kishore Dehury (since dead) guilty under sections 147, 148, 302/149 of the I.P.C. and sentenced each of them to undergo rigorous imprisonment for life for the offence under section 302/149 of the I.P.C., but no separate sentence has been awarded for the offences under sections 147 and 148 of the I.P.C.

Prosecution Case

2. The prosecution case, as per the first information report (hereina