IN THE HIGH COURT OF ORISSA, CUTTACK JCRLA No. 54 of 2010 An appeal from the judgment and order dated 04.08.2009 passed by the Addl. Sessions Judge, Nuapada in Sessions Case No.03 of 2008.

--------------------- 1. Nandalal Pandey

2. Nathu Pandey ....... Appellants -Versus-

State of Odisha ....... Respondent For Appellant: - Mr. Akhaya Kumar Beura Amicus Curiae For Respondent: - Mr. Jateswar Nayak Addl. Govt. Advocate ---------------------

P R E S E N T:

THE HONOURABLE MR. JUSTICE S.K. SAHOO AND THE HONOURABLE MISS JUSTICE SAVITRI RATHO -----------------------------------------------------------------------------------------------------------------------

Date of Hearing and Judgment: 20.03.2025 -----------------------------------------------------------------------------------------------------------------------

By the Bench: The appellants Nandalal Pandey and Nathu Pandey along with accused Debakibai Das faced trial in the Court of learned Additional Sessions Judge, Nuapada in Sessions Case No.03 of 2008 for the offence punishable under section 302/34 of the Indian Penal Code on the accusation that on 21.08.2007 night at about 9.00 p.m. at Village Karchul, in furtherance of their common intention, they committed murder of Nilakantha Sabar (hereinafter ‘the deceased’). They were further charged under section 201 of the Indian Penal Code on the accusation that knowing that the offence of murder has been committed, they caused disappearance of evidence by disposing of the dead body in Dadarpada well, with intent to screen themselves from the legal punishment.

The learned trial Court vide impugned judgment and order dated 04.08.2009, while acquitting the co-accused Debakibai Das of all the charges, found the appellants guilty of the offences charged and sentenced each of them to undergo imprisonment for life under section 302/34 of the Indian Penal Code, however no separate sentence was awarded for their conviction under section 201/34 of the Indian Penal Code.

Prosecution Case

2. The prosecution case, in short, is that Nuapada P.S. U.D. Case No. 23 dated 24.08.2007 was registered on the report of one Mohd. Hussein of village Malibhata that while he was going to his field at Dadarpada, he found one gunny bag was floating in his well. P.W.15 Harekrushna Mallik, S.I. of Police of Nuapada Police Station enquired into the U.D. case and during course of such enquiry, he proceeded to the spot and on 25.08.2007, the gunny bag was taken out of the well and after opening the gunny bag, it was found that there was a dead body of a male person aged about 32 to 35 years and two big size stones were inside the gunny bag with the dead body. P.W.15 conducted inquest over the dead body in presence of the Executive Magistrate and other witnesses and inquest report vide Ext.2 was prepared. During course of inquest, it was found that there were cut injuries on the right side neck of the dead body and the skin of the dead body was completely removed on account of decomposition. P.W.15 sent the dead body to District Headquarters Hospital, Nuapada for autopsy. The manner in which the dead body was found inside the well, P.W.15 came to the opinion that somebody after committing murder of the person concerned had put the dead body inside the gunny bag along with two heavy stones and threw the same inside the well so that the dead body would not float in the water.

During course of enquiry, P.W.15 ascertained that the dead body was that of Nilakantha Sabar (deceased) as he was not seen in the village for last three to four days. During further enquiry, the complicity of the appellants so also the lady accused Debakibai Das came to the fore and accordingly, first information report (hereinafter ‘F.I.R.’) was lodged by P.W.15 before the officer in-charge of Nuapada Police Station, on the basis of which Nuapada P.S. Case No.115 dated 25.08.2007 was registered under sections 302/201/34 of the Indian Penal Code against the appellants so also the co-accused Debakibai Das