IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Multu @ Tarachand Mohanta, (Dead) – Appellant
Versus
State of Orissa – Respondent
JUDGMENT :
S.S. Mishra, J.
Four convicts have jointly preferred the present appeal assailing the judgment and order dated 22.01.1994 passed by the learned Sessions Judge, Mayurbhanj, Baripada in S.T. No. 12 of 1992. By the impugned judgment, the learned Trial Court found the appellants guilty of offences punishable under Sections 148 , 323 read with Section 149 and 304 Part-II read with of the Indian Penal Code. Consequently, each of the appellants was sentenced to undergo rigorous imprisonment for a period of three months for the offence under Section 323 read with IPC and further sentenced to undergo rigorous imprisonment for five years for the offence under Section 304 Part-II read with . However, no separate sentence was imposed U/s.148 of .
2. While the appeal was pending, this Court was apprised that appellant no.1- Multu @ Tarachand Mohanta has expired. Therefore, vide order dated 31.07.2025, the appeal against the said deceased appellant stood abated, in the absence of any motion on behalf of the legal heirs or next friend of the deceased appellant U/s.394 of Cr.P.C. Therefore, the present appeal is confined to appellant Nos.2 to 4.
3. Heard Mr. Niranjan Lenka, learned C
The absence of premeditated intent and evidence of rioting with deadly weapons negates the applicability of Sections 148 and 149, allowing modification of convictions under Section 323 IPC.
The main legal point established in the judgment is the application of Section 149 IPC to determine the common object of the unlawful assembly and the vicarious liability of the accused, as well as t....
The evidence must establish a premeditated intent to commit murder and the existence of an unlawful assembly with the common object of committing murder to support a conviction for murder under Secti....
The court established that intent and premeditation are crucial to determine murder charges, and lack of such elements may warrant a conviction for lesser culpable homicide under Section 304 Part II.
The main legal point established in the judgment is the liability of members of an unlawful assembly under the Indian Penal Code, particularly the application of Sections 141, 143, 144, 146, and 149 ....
The main legal point established in the judgment is the requirement to prove the constitution of an unlawful assembly and the applicability of vicarious liability under Section 149 of IPC.
The main legal point established in the judgment is that while individuals have the right to private defence of their property, causing death in excess of this right constitutes an offence under the ....
The court affirmed the conviction under Sections 302 and 307 IPC, emphasizing the credibility of eyewitnesses and the common object of the accused in a fatal assault.
The court upheld the convictions under IPC Sections 147, 148, 149, and 302, affirming that all members of an unlawful assembly are liable for offences committed in furtherance of a common object.
Criminal Law - Criminal Trial - Offence of Unlawful assembly and Murder - Appeal against conviction - There is no evidence of any dispute with deceased. Though the case of illicit relationship of PW-....
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