IN THE HIGH COURT OF ORISSA AT CUTTACK

(From the judgment and order dated 05.10.2001 passed by learned Second Additional Sessions Judge, Cuttack, in S.T. Case No.313 of

1998)

Madha @ Sachidananda …. Appellant

Khuntia

Mr. B.S. Rayaguru,

Amicus Curiae

- Versus -

State of Odisha …. Respondent

Mr. Partha Sarathi Nayak,

Addl. Govt. Advocate

CRLA No. 373 of 2007

(From the judgment and order dated 05.10.2001 passed by learned Second Additional Sessions Judge, Cuttack, in S.T. Case No.313 of

1998)

Nikhil Mohanty …. Appellant

Mr. S. Satapathy, Advocate

- Versus -

State of Odisha …. Respondent

Mr. Partha Sarathi Nayak,

Addl. Govt. Advocate

CORAM:

THE HON’BLE MR. JUSTICE S. K. SAHOO

THE HON’BLE MR. JUSTICE CHITTARANJAN DASH

Date of Judgment: 25.11.2025

Chittaranjan Dash, J.

1. The Appellants in both the Appeals having stood trial before the learned 2^nd Additional Sessions Judge, Cuttack in S.T. Case No.313 of 1998 being charged for the commission of offence under Section 302/34 of Indian Penal Code (hereinafter in short called “IPC”) found guilty and upon their conviction sentenced to undergo imprisonment for life each for the said offences in furtherance of their common intention.

2. The prosecution case, as unfolded before the learned Trial Court, is that on 12.03.1996 at about 10:00 p.m., Biranchi @ Pranakrushna Choudhury (hereinafter referred to as ‘the deceased’) along with his two friends, namely Bapi Mohanty (P.W.4) and Baban @ Sanjay Mohapatra (P.W.8), proceeded on a Bullet motorcycle belonging to the deceased to witness a Depati Jatra (drama). As the mother of the deceased had suffered an injury earlier in the evening and required to be shifted to the hospital, they first decided to proceed to Balikuda Chhak to arrange for a trekker driver. When they reached Alinga Chowk, the Appellant-Madha Khuntia, who was present there with a Luna moped, intercepted them and detained them. He asked the deceased to alight from the motorcycle. Accordingly, the deceased and P.W.8 got down, while P.W.4 proceeded to arrange the trekker driver. Thereafter, Appellant-Madha Khuntia led the deceased to a nearby canal, followed by P.W.8, and both the deceased and P.W.8 sat on the ridge of the adjoining land. In the meantime, after arranging for the trekker driver, P.W.4 returned to Alinga Chowk and was brought by Appellant-Madha to the place where the deceased and P.W.8 were seated. Appellant-Madha then called Ghana @ Satrughna, who arrived in a rushing manner armed with a sword. Ghana began scolding the deceased for allegedly abusing Appellant-Madha, which the deceased denied. At this juncture, Appellant-Nikhil also arrived at the spot. According to the prosecution, Appellant-Nikhil gave a fist blow to the deceased, causing him to fall. Thereafter, Appellant-Madha shifted the deceased to another spot, where Ghana forcibly made him to sit and demanded that he become a follower of Appellant-Madha. It is further alleged that Appellant-Madha instigated accused Biju Ray, using abusive language, upon which Biju repeatedly dealt sword blows on the deceased. Appellant-Nikhil is also stated to have delivered 3 to 4 sword blows after taking the weapon from Biju Ray. Appellant-Madha too assaulted the deceased with the sword, resulting in the deceased dying at the spot due to profuse bleeding injuries. P.W.4 and P.W.8 were allegedly threatened by Appellant- Madha with dire consequences if they disclose the incident to anyone. Thereafter, the Appellants, the co-accused persons, as well as Bapi (P.W.4) and Baban (P.W.8) left the place, leaving the deceased’s body at the spot. It further transpires from the record that P.W.8 disclosed the occurrence to one Rama Chandra Parida and subsequently to the informant, Harekrushna Choudhury (P.W.6), upon receiving the information, proceeded to the spot and found his brother (the deceased) lying dead with multiple injuries. He, thereafter, lodged a written report before the Officer-in-Charge, Gobindpur Police Station, on 13.03.1996, which was regist