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HIGH COURT OF ORISSA
TUKU@ABDUL NAIM KHAN – Appellant
Versus
STATE – Respondent
CRLA 288/2011
['M/S S C SAMANTARAY', '', 'M/S S BEHERA', 'S C CHOUDHRY', 'S P PANDA', 'U K SAHOO', 'J N KAMILA', 'P K MOHANTY']
CRLA Nos.288, 289, 242, 234, 241 and 246 of 2011
Page 1 of 18
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA Nos.288, 289, 242, 234, 241 and 246 of 2011
(From the judgment dated 16th March, 2011 passed by Smt.D.Mohapatra,
Additional Sessions Judge, Bhubaneswar in Sessions Trial Case No.4/82
of 2007)
CRLA No.288 of 2011
Tuku @ Abdul Naim Khan
……
Appellant
Versus
State of Odisha
…...
Respondent
Advocate(s) appeared in this case :-
For Appellant
:
Mr.J.N.Kamila, Advocate
For Respondent
:
Mr.J.Katikia, AGA
CRLA No.289 of 2011
Sk.Roman
……
Appellant
Versus
State of Odisha
…...
Respondent
Advocate(s) appeared in this case :-
For Appellant
:
Mr.J.N.Kamila, Advocate
For Respondent
:
Mr.J.Katikia, AGA
CRLA Nos.288, 289, 242, 234, 241 and 246 of 2011
Page 2 of 18
CRLA No.242 of 2011
Mir Askar @ Raju
……
Appellant
Versus
State of Odisha
…...
Respondent
Advocate(s) appeared in this case :-
For Appellant
:
Mr.R.Roy, Advocate
For Respondent
:
Mr.J.Katikia, AGA
CRLA No.234 of 2011
Babaji @ Siba Prasad Mohanty
……
Appellant
Versus
State of Odisha
…...
Respondent
Advocate(s) appeared in this case :-
For Appellant
:
Mr.J.N.Kamila, (Amicus Curiae)
For Respondent
:
Mr.J.Katikia, AGA
CRLA No.241 of 2011
Sudam Sundar Satapathy
……
Appellant
Versus
State of Odisha
…...
Respondent
Advocate(s) appeared in this case :-
For Appellant
:
Mr.J.N.Kamila, (Amicus Curiae)
For Respondent
:
Mr.J.Katikia, AGA
CRLA Nos.288, 289, 242, 234, 241 and 246 of 2011
Page 3 of 18
CRLA No.246 of 2011
Bablu @ Nasiruddin Ahmed
……
Appellant
Versus
State of Odisha
…...
Respondent
Advocate(s) appeared in this case :-
For Appellant
:
Mr.R.C.Maharana, Advocate
For Respondent
:
Mr.J.Katikia, AGA
CORAM :
THE CHIEF JUSTICE
JUSTICE B.P. ROUTRAY
JUDGMENT
04.02.2022
B.P. Routray, J.
1. All the six Appellants in the above appeals have been convicted
under Section 302/34 of the I.P.C. in the same trial i.e., S.T.Case
No.4/82 of 2007. Further, the Appellants in CRLA Nos.241, 234, 289
and 288 have been convicted under Section 27 of the Arms Act
additionally. They have been sentenced to undergo R.I. for life for the
offence under Section 302 of the I.P.C. and R.I. for a period of seven
years under Section 27 of the Arms Act.
2.
All the Appellants along with two others were prosecuted in
S.T.Case No.4/82 of 2007 in the court of learned Additional Sessions
Judge, Bhubaneswar.
CRLA Nos.288, 289, 242, 234, 241 and 246 of 2011
Page 4 of 18
3.
Prosecution case is that, the deceased namely Chuna @Mallik
Hanan was killed by Sk Hyder (since dead) and his associates on 31st
May, 2005 between 7.30 to 7.45 P.M. by gunshot firing near Stewart
School, Bhubaneswar due to group rivalry relating to tender fixing. The
Inspector-in-Charge (P.W.47) of Nayapalli Police Station upon receipt
of telephonic information of the incident immediately proceeded to the
spot and found the deceased lying dead in front of the tyre-shop of one
Tahir Alli. P.W.47 drew the plain paper F.I.R., which was registered as
Nayapalli P.S.Case No.157 dated 31st May,2005. He held inquest over
the dead body and seized one motorcycle, one Nokia mobile set, ten
empty cases of cartridges and other articles from the spot. There was
arch enmity between Sk Hyder and the deceased, both gangsters.
Subsequently, Sk.Hyder and others were arrested from Nagpur
(Maharashtra) on 6th June, 2005 and were brought to Bhubaneswar.
P.W. 47 continued with investigation which was later taken over by
