STATE OF ODISHA Vs. PRAKASH BEHERA @ BABULI

JUDGEMENT

(1.) DSREF No.04 of 2024 is the reference under Sec. 366 of the Code of Criminal Procedure, 1973 submitted to this Court by the learned Additional Sessions Judge, Athmallik (hereinafter "the trial Court") in C.T.(S) No.16 of 2018 for confirmation of death sentence imposed on Prakash Behera @ Babuli and Nandakishore Sethi @ Ranja (hereinafter "the appellants") vide judgment and order dtd. 27/9/2024. CRLA No.1166 of 2024 has been filed by appellants, namely, Prakash Behera and Nandakishore Sethi challenging the self-same judgment and order of conviction passed by the learned trial Court.

(2.) The appellants faced trial for commission of offences punishable under Sec. 449/302/363/364/394/201/34 of the Indian Penal Code (hereinafter "the I.P.C.") read with Sec. 25 & 27 of the Arms Act on the accusation that on 09/10/10/2017 night, in village Gambharimaliha under Kishorenagar police station in Angul district, they committed house trespass by entering into the building of Biranchi Naik (hereinafter "the deceased") used as a human dwelling in order to commit offence punishable with death i.e. robbery and murder and that they kidnapped the said deceased from the house without his consent so also Naba @ Ekalabya Naik (hereinafter "the deceased") from lawful guardianship of his parents without their consent and that they kidnapped/abducted both the deceased in order that they might be murdered and that they committed robbery of the property i.e. cash of deceased Biranchi Naik and that as such, they caused hurt and committed murder of the three deceased persons, namely, Biranchi Naik, his wife Tarani Naik and their minor son Naba @ Ekalabya Naik and that knowing that the murder of the deceased persons had been committed, caused certain evidence of the said offence to disappear i.e. dumped the dead body of deceased Biranchi Naik under Gambharimunda Bridge near village Pokanda, dumped the dead body of minor deceased Naba @ Ekalabya Naik at Bankadhar Sahi Jungle, threw and buried the "Katuri" and wearing apparels in the said jungle, as well as near Bidisingh Project Nala, with the intention of screening themselves from legal punishment and that they were in possession of an arm i.e. "Katuri" in contravention of the provision under Sec. 5 of the Arms Act, 1959 and they also used that arm to commit the crime in furtherance of their common intention.

(3.) The learned trial Court vide impugned judgment and order dtd. 27/9/2024, though acquitted the appellants of the charges under Sec. 363/394/34 of the I.P.C. so also under Sec. 25 and 27 of the Arms Act, but found them guilty under Sec. 302/364/201/34 of I.P.C. and awarded death sentence with direction that they shall be hanged by neck till they are found dead and to pay a fine of Rs.1,00,000.00 (rupees one lakh), in default, to undergo R.I. for one year for the offence under sec. 302 of the I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000.00 (rupees fifty thousand), in default, to undergo R.I. for six months for the offence under sec. 364 of the I.P.C. and sentenced to undergo imprisonment for seven years and to pay a fine of Rs.25,000.00 (rupees twenty five thousand), in default, to undergo R.I. for two months for the offence under Sec. 201 of the I.P.C. with a further direction that all the sentences are to run concurrently. However, no finding has been given by the learned trial Court relating to the offence under Sec. 449/34 of the I.P.C.