Orissa High Court
Case Details
Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 IN THE HIGH COURT OF ORISSA AT CUTTACK DSREF No.2 of 2024 and JCRLA No.62 of 2024 From the judgment dated 24th April, 2024 passed by the learned Addl. Sessions Judge, Odgaon in S.T. Case No.217/39 of 2019-23 (CIS No.28/2023). In DSREF No.2 of 2024 State of Odisha …. Appellant Niranjan Mallik …. Respondent -versus- Advocate(s) appeared in this case:- For Appellant : Mr. S. Mohanty, AGA For Respondent : Mr. J.K. Panda, Amicus Curiae In JCRLA No.62 of 2024 Niranjan Mallik State of Odisha -versus- …. …. Appellant Respondent Advocate(s) appeared in this case:- For Appellant : Mr. J.K. Panda, Amicus Curiae For Respondent : Mr. S. Mohanty, AGA DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 1 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 CORAM: JUSTICE B.P. ROUTRAY JUSTICE CHITTARANJAN DASH B.P. Routray, J. JUDGMENT 12.08.2025 1. Present death sentence reference along with the criminal appeal are arising out of out of the impugned judgment and conviction dated 24th April 2024, convicting the condemned prisoner Nanda @ Niranjan Mallik. He is convicted for commission of offence under Sections 302, 307, 325, 326, 458 of the IPC and sentenced to capital punishment along with imprisonment for different descriptions and fine. The sentencing part is classified in the following manner: (i) Sentenced to death for committing offence of murder punishable under Section 302, IPC and to pay a fine of Rs.50,000/- and in default, to undergo rigorous imprisonment for a period of one year. (ii) Sentenced to rigorous imprisonment till end of life and to pay a fine of Rs.50,000/- for commission of offence of attempt to murder punishable under Section 307 of the IPC. In default to pay the fine amount to undergo further rigorous imprisonment for one year. DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 2 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 (iii) Sentenced to rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/- for commission of offence of grievous hurt punishable under Section 325, IPC. In default to pay the fine amount to further undergo rigorous imprisonment for six months. (iv) Sentenced to rigorous imprisonment for a period of ten years and to pay a fine of Rs.5,000/- for causing grievous hurt punishable under Section 326, IPC. In default to pay the fine amount to further undergo rigorous imprisonment for six months more. (v) Sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/- of committing lurking house trespass punishable under Section 458 of the IPC. In default to pay the fine amount to further undergo rigorous imprisonment for six months more. 2. According to prosecution case, the occurrence took place in a sequence on the intervening night of 16th and 17th January 2019 started from around 2:00 AM till early morning at different places of Odagaon Town. DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 3 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 3. Odagaon in the district of Nayagarh is a small Sub-Divisional town and the convict, as well as all the victims are residents of said area. In a complete sequence, the convict committed murder of two persons namely, Lochan Sethi (Male) and Badani Pradhan (Female) and injured three more persons namely, Sulochana Pradhan (Female), Amulya Barik (Female) and Dambaru (Male). The deceased, Lochan, was working as a Night Watchman in the vegetable market at Odagaon. On the fateful night intervening between 16th and 17th January 2019, while Lochan was performing his night duty in the vegetable market, the convict all of a sudden appeared with a piece of wooden plank and suddenly hit on his head and other parts of the body. The other watchman (P.W.9) of adjacent Ganesh market rushed towards the spot and then Niranjan (convict) fled away from there. After some time then, when deceased Badani was sweeping front portion of his house, which situates within the compounded premises of Sanjibnee Clinic at Odagaon, the convict suddenly appeared there scaling the wall at around 3:00 PM and dealt a blow on her head. The deceased fell in a pool of blood and died at the spot. Hearing her shout, her daughter Sulochana, who was bathing nearby, rushed shouting at the convict. But she was also not spared and the convict assaulted Sulochana (P.W.13) with the same wooden plank on her DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 4 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 head and other parts of the body, as a result of which Sulochana also fell down at the spot in a pull of blood. The convict did not spare her with that much of assault. He stabbed her multiple times and inserted a pastry roller (Belena Kathi) into her private part, and it is to be mentioned that at that time Sulochana was pregnant carrying fetus of around seven months. Sulochana was working in Sanjibanee Clinic and residing there along with her mother (deceased Badani) in the servant quarters situated within its premises and the spot of occurrence is the front area of their house surrounded by compound wall of the clinic. Hearing the scream of mother and daughter, some passersby entered inside the premises of the clinic climbing up the wall and seeing them the convict immediately fled away wearing a ladies night gown kept outside. Then after some gap of this incident, when Amulya @ Amuli Barik (P.W.5), an elderly woman, was going to Raghunath temple in that fateful hours of early morning, this convict assaulted her in random on her head and other parts of the body. Due to the assault by the convict, P.W.5 fell down on road with bleeding injuries. The convict then proceeded further and saw other injured Dambaru DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 5 of 53
Legal Reasoning
Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 opening of his shop. He proceeded towards Dambaru (P.W.15) and when raised the wooden plank to assault him, P.W.15 protested the same. There was a tussle between the convict and P.W.15 and P.W.15 snatched the wooden plank from the hands of the convict. The convict bit the left hand little finger of P.W.15 so severely that the tip of finger was separated from the rest part of the finger, resulting severe bleeding injury to P.W.15. Probably the convict was captured thereafter, though the prosecution case is silent regarding the same. 4. Thus, commission of two murders, one attempt to murder and two grievous hurts with lurking house trespass have been charged against the convict under different heads prescribed in the Penal Code. The convict did not plead guilty. The convict during his examination under Section 313, Cr.P.C. has mostly replied to all such questions put to him either as falsehood or without his knowledge. So it is seen that the accused has taken the plea of innocence and false implications. 5. The prosecution in order to prove the charges against the convict has examined 27 witnesses and adduced 94 documents. Apart from this, six material objects have been marked in evidence, in course of trial. The defence did not adduce any evidence in his support. DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 6 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 Among the witnesses examined by the prosecution, P.W.2 is the informant. P.W.9 is stated to be the eye-witness in respect of assault on deceased-Lochana. P.W.13 (Sulochana), who was injured and one of the victims, has narrated the assault on deceased-Badani regarding her death, and said evidence of P.W.13 has been supported by P.W.6 and 17 as the eye-witnesses of the assault committed on deceased- Badani. P.W.5 (Amuli) is one of the injured and her evidence is supported by P.W.1 and 10. P.W.15 (Damodar) is another injured, who speaks of the injury caused to him by the convict. P.W.26 is the Investigating Officer and P.W.27 is the Scientific Officer. P.W.14, 22, 23, 24 and 25 are different Medical Officers relating to post-mortem examination and injuries on different victims of assault. Ext.P-1 is the FIR, P-21, 22, 23, 24 and 32 are spot maps, P-8 and 13 are post-mortem examination reports, and P-12, 14, 15, 16, 17 and 27/2 are the medical examination reports of the injuries. P-35 is the chemical examination report. Among material objects produced in course of trial, MO-III is the wooden plank, stated as the weapon of offence. 6. As stated supra, the series of assault on different victims was committed in a sequence one after another. It is committed in that DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 7 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 intervening night of 16th and 17th January 2019 between 2.30 A.M. up-to early morning. So far as the murders of deceased-Lochana Sethi and Badani Pradhan are concerned, their deaths are seen homicidal in nature from the circumstances and injuries sustained by them. The post-mortem examination report of Lochana is Ext.P-13 and the concerned Medical Officer has been examined as P.W.23. Three lacerated wounds on his left eye brow, left cheek and both legs are found during post-mortem examination corresponding to intra-cranial bleeding on the occipital region of the head along with hematoma. There was bruise on the right eye and fracture of both tibia and fibula of deceased-Lochana due to the assault. The post-mortem examining doctor, P.W.23, has unerringly stated same in the court proving his report of examination under Ext.P-13. Nothing could be elicited from the mouth of P.W.23 to disbelieve his evidence or medical report regarding the injuries sustained by deceased-Lochana and his cause of death. 7. Deceased-Badani sustained three lacerated injuries on her head with fracture of skull bone. There were also six stab injuries found on her back amongst which two are so deep in nature, piercing into the abdominal viscera. On dissection, the cranial cavity was found DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 8 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 ruptured with blood clotting on the occipital region of the head. The liver was found ruptured and lacerated. The post-mortem doctor, P.W.14, has vividly stated about such injuries inflicted on the body of the deceased-Badani proving his report under Ext.P-5. The evidence of P.W.14 regarding cause of death and injuries sustained by deceased-Badani could not be demolished in his cross-examination. Nothing could be exuded from his mouth during his cross- examination to doubt the veracity of his statements relating to the injuries sustained by Badani or her cause of death. 8. The circumstances as narrated by the eye-witnesses regarding assault on deceased-Lochana and Badani do support the version of the Medical Officers as to how the assault was made by the wooden plank and other weapons on them and how they fell in pool of blood at the respective spots due to the assault. The statements narrated by the eye-witnesses and post occurrence witnesses, if read cumulatively with the medical evidences, clearly and unerringly deduce the conclusion regarding homicidal nature of death of both the deceased. Having analyzed all such materials and statements of witnesses, there could be no hesitation determining that the deceased-Lochana and Badani died homicidal nature of death. DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 9 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 9. To see the complicity of the convict-Niranjan in the alleged murder of two deceased persons, the evidences of respective eye- witnesses are found very much useful in this regard. P.W.9 is the eye- witness with regard to assault on deceased-Lochana at the vegetable market. Said P.W.9 is one of the Watchman of Ganesh Market adjacent to the vegetable market where deceased-Lochana was performing his night duty as the Watchman. It appears from his testimony that on 16th January 2019 in the night at around 2.30 A.M., he saw the convict-Niranjan came armed with one wooden plank and suddenly dealt blow on the head of Lochana. As a result of the same, blood oozed from nostrils of Lochana and he fell down on the ground. The informant (P.W.2) is the son of deceased-Lochana and he named Niranjan as the assailant in the body of the FIR. P.W.2 and 3 both sons of Lochana are the post occurrence witnesses, who shifted deceased-Lochana to the Hospital. The evidences of P.W.2 & 3 are found supported by the circumstances. They narrated about the injuries sustained by deceased-Lochana and his death. The direct eye- witnessing of the assault by the convict as stated by P.W.9 is found corroborated from the recitals made in the FIR (P-1). A detail analysis of the statement of P.W.9, the recitals of the FIR and the statement of P.W.2 & 3 vis-à-vis the medical evidence, it is found that they run DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 10 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 parallel and corroborative to describe the role of convict as the assailant in committing assaults on deceased-Lochana. 10. Similarly, the assault on deceased-Badani has been eye- witnessed by P.W.13, 6 and 17. P.W.13 is the daughter of deceased- Badani, who sustained life threatening injuries while trying to save her mother. It is seen from the evidence of P.W.13 that in the alleged early morning at around 3.00 A.M. when she was taking bath and her mother (Badani) was sweeping the outside area of their room, this convict entered into the place and dealt a blow on the head of Badani suddenly. As her mother yelled for help, she (P.W.13) rushed there to see the convict assaulting her mother by the wooden plank mercilessly. As protested by her, the convict dealt blows on her head by the same wooden plank. Due to the assault, she fell down and lost sense. But before that, she could sense that the convict stabbed in her belly with a knife like object. The fetus in the womb, as she was pregnant for around seven months by then, died and she lost her motherhood. It was not the end, but the convict inserted a pastry roller inside her vagina. She was immediately shifted to District Headquarter Hospital and then to AIIMS at Bhubaneswar where she underwent treatment for around two months to recover. DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 11 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 11. P.W.17 is the doctor owning Sanjibanee Clinic where P.W.13 was working as “Attendant” and staying in the servant quarters along with her mother within the campus of said clinic. P.W.6 is the wife of P.W.17 and they are also staying within the same campus. They both have said in their evidence that hearing the noise when they came to their terrace saw the convict assaulting P.W.13, who had also assaulted Badani, the deceased. P.W.6 specifically said that she saw the convict assaulting Sulochana and her mother. Seeing this, she raised shout and by then some local public entered into their premises scaling over the boundary wall, and the convict then fled away wearing a lady night gown. P.W.13 has stated everything how the convict caused assault on her mother and herself in the wee hours of that fateful morning when she was taking bath. Before losing her sense, P.W.13 could sense the horrendous and barbaric act of the convict. Her statements made in the examination-in-chief could not be demolished or rebutted during the cross-examination. Rather her assertions have been fortified by the testimony of P.W.6 & 17, the Husband and Wife duo, who witnessed from their terrace. There is nothing to disbelieve the testimony of P.W.13, being invigorated by the statements of P.W.6 & 17 and supported by the medical evidence. DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 12 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 12. From afore-stated analysis of the testimony of the witnesses, the complicity of the convict in committing the death of both the deceased, Lochana and Badani, is well established beyond all reasonable doubts. It is not the case of circumstantial evidence only, but the assault committed by the convict on the deceased persons is proved through direct evidence. The death of both the deceased, Lochana and Badani has thus been proved beyond all reasonable doubt that the same is due to assault by the convict as the author of the crime. 13. Three more persons have been injured in the series of occurrence besides two deceased persons. Those three injured have been examined from the side of the prosecution as P.W.5, P.W.13 and P.W.15, namely, Amuli Barik, Sulochana Pradhan and Dambaru Sahu respectively. The assaults on Sulochana (P.W.13) including the assault on her mother (deceased Badani Pradhan) have been well described by P.W.13. It is stated by her that when she was bathing in the early hours of morning and Badani was sweeping the outside area of their house, hearing the scream of Badani she came out and found the accused was assaulting her mother. When she protested, the accused dealt a blow on her head by the same wooden plank. She fell DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 13 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 down on the ground and lost sense. But before that she could perceive that the accused stabbed on her belly multiple times with a knife. The accused has also inserted a pastry roller into her vagina. This statement of P.W.13 is found supported by other two eye-witnesses Viz. P.W.6 & 17 from the terrace of their house. It is to be noted here that this place of occurrence is inside the campus of Sanjibanee Clinic-cum-residence of P.W.6 and 17, where P.W.13 was working as an Attendant and staying with her mother in the servant quarters. P.W.6 & 17 have not only testified with regard to the assault on Badani and Sulochana, but also forfeited the evidence of P.W.13 to describe the brutal and barbaric assault of the accused on both of them. The medical evidence of P.W.24 & 25 along with the reports under Ext.P-16 & P-17 also speaks about the injuries of Sulochana, who sustained three lacerated injuries on the left scalp, left eye and lip with multiple stabs in the abdomen, multiple contusions on the chest and upper limb. A foreign body was also detected inserted to her vagina. Not only this but one iron rod of length of 30 cm and broken knife of length of 10 cm along with one broken tooth was recovered from the body of Sulochana during her operation in AIIMS, Bhubaneswar, where she was referred to for treatment, as per the seizure list prepared under Ext.P-26 by the Investigating Officer. DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 14 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 Sulochana being the injured her statement carries much credence with regard to nature of assault and the author thereof. In Mohar and another vs. State of U.P., (2002) 7 SCC 606, the Supreme Court has observed that, “The testimony of an injured has its own efficacy and relevancy. The fact that the witness sustained injuries on his body would show that he was present at the place of occurrence and had seen the occurrence by himself. Convincing evidence would require to discredit an injured witness. Similarly, every discrepancy in the statement of a witness cannot be treated as fatal. The discrepancy which do not affect the prosecution case materially cannot create any infirmity.” Similarly in the case of Haryana vs. Krishan, AIR 2017 SC 3125, the Supreme Court has also observed that, “Deposition of an injured witness should be relied upon unless there are strong grounds for rejection of his evidence on the basis of major contradictions and discrepancies for the reason that his presence on the scene stands established in the case and it is proved that he suffered the injuries during the said incident.” As stated before, there is nothing elicited from the mouth of such witnesses to disbelieve her version, rather found corroborative by the evidence of other eye-witnesses. The injuries sustained by Sulochana DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 15 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 and the prolonged life saving treatment suffered by her do speak for itself that the attempt was made to commit her murder and therefore, there cannot be any hesitation to conclude that the accused had the intention to commit murder of P.W.13 to attract the punishment under Section 307, I.P.C. 14. The story continues further when P.W.5 was assaulted by the accused by means of a wooden plank while she was going to the temple in that fateful early morning. The accused dealt blow on the head and left hand of P.W.5 leaving her in a pull of blood. P.W. 5 was also treated at Sum Hospital, Bhubaneswar being referred by the C.H.C., Odagaon where she underwent treatment for two days to recover. P.W.1 and 10 are two witnesses, who support the evidence of P.W.5 that they shifted her in injured condition to the Hospital for treatment. As per the evidence of P.W.24 and the medical report vide Ext.P-15, said P.W.5 sustained two lacerated injuries on the tempo parietal region and occipital region of her head along with fracture of left lateral malleous and right distal ulna. The lacerated injuries are on the vital part of the body with threat to life had she not been subjected to treatment soon. Alike P.W.13, the status of P.W.5 as an injured witness speaks itself about credibility of her statement regarding the DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 16 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 assault and the author thereof. There is no reason found on record to disbelieve her version or nothing could be elicited from her mouth to disbelieve her evidence. The location of the injuries on her body and the impact thereof further suggests the intention of the accused to kill her. As such taking all such circumstances including the nature of weapon, the offence punishable under Section 307, I.P.C. is definitely established against the accused. 15. The accused again attempted to assault P.W.15 (Dambaru Sahu), who had an eatery at Chudamill Chowk, Odagaon in that alleged early morning. This P.W.15 has stated in his evidence that when he was opening his shop, the accused came near him and blow the wooden plank to assault him, which was protested by him. P.W.15 could able to snatch the wooden plank from the accused in the scuffle but the accused bit his left little finger. As a result of the same, he sustained profuse bleeding and shifted to the District Headquarter Hospital, Nayagarh for treatment and also got treatment in Sum Hospital, Bhubaneswar. This evidence of P.W.15 is also left unimpeachable like the evidences of other injured persons, Viz. P.W.5 and 13. He stood confirmed to his statement about the occurrence and assault concerning him during the cross-examination and as stated earlier DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 17 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 such evidence of the injured eye-witness carries great trust and credence about the happenings and no reason is left to disbelieve his evidence. Therefore, the assault on him by the accused that resulted separation of the tip of his little finger attracts the offence punishable under Section 325, I.P.C. 16. It need to be mentioned here that assaults made on Sulochana and Amuli by means of wooden plank and other weapons resulting different injuries on their person attracts of offence under Section 326, I.P.C. along with the offence of attempt to murder. The entry of the accused into the campus of residence of Sulochana and Sanjibanee Clinic by scaling over the wall makes out the offence punishable under Section 458, I.P.C. against the accused. 17. An argument is advanced on behalf of the defence that there are discrepancies in the evidence of the witnesses that P.W.9 saw, as stated during his cross-examination, that the accused was wearing a lady gown at the time of assaulting deceased-Lochan and so the version of this eye-witness cannot be relied on for the reason that if Lochan was assaulted at the first instance and then Badani with Sulochana, how could it be possible on the part of the convict to be seen wearing the lady gown. It is to be explained here that as per the DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 18 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 prosecution there are four spots of occurrence and the relating spot maps are Ext.P-21 (Spot No.1), P-22 (Spot No.2), P-23 (Spot No.3) and P-24 (Spot No.4). But there is nothing on record that all these spots are related in sequence. Prosecution has not stated which occurrence in the sequence was committed first and thereafter one by one. This being lacking on prosecution record, nothing has also been brought on record by the defence to reveal the sequence of occurrence. Therefore it is difficult to opine on which occurrence took first and thereafter serially. Bereft of all these, such discrepancy in the evidence of P.W.9 does not take away his credibility as the eye- witness of the assault committed by the accused on deceased-Lochan. In appreciation of evidence, truth has to be separated from falsehood. A true witness is often subjected to some discrepancies because it is not possible to carry the exact memory of past events. The account of statement with regard to eye-witnessing the occurrence is to be perceived on the basis of material evidence and in the case of eye- witness it would not be prudent to discard his evidence unless his evidence is found otherwise untrustworthy through material discrepancies. In the case at hand, P.W.9 is an independent witness without having any hostility towards the accused. So such discrepancy as pointed out by the defence does not take away his DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 19 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 credibility of his version of accounting the assault by the accused on deceased-Lochan. 18. First to deal with offence of murder and attempt to murder, once it is established beyond all reasonable doubts that the convict (Niranjan) is the author of death of Lochana and Badani, and attempt to murder of Sulochana, by way of assault with the wooden plank (MO-III) and the other weapon, i.e. the knife like object, it falls to determine whether he had the intention and knowledge of killing the deceased and injured in order to attract the punishment under Section 302 of the IPC. 19. It is submitted before this Court in course of hearing that the convict was suffering from mental insanity or unsoundness of mind at the time of committing the offence, and he had no such intention either to kill or attempt to kill or to cause injuries. It is submitted that the convict had previously received treatment for mental unsoundness and in absence of any motive in committing the offences, it is established that the convict did such assault by unsoundness of mind, without any intention, being incapable of knowing the nature and consequence of the act. DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 20 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 20. Section 300 of the IPC prescribes culpable homicide amounting to murder that every culpable homicide is murder except such exceptions prescribed, if the act by which the death is caused is done with intention of causing death or causing such bodily injury as the offender knows likely to cause death or sufficient to cause death in ordinary course of nature or it is so imminently dangerous to cause death in all probability. The exceptions are regarding the circumstances of grave and sudden provocation, by good faith, in sudden fight without pre-meditation or by a public servant acting in discharge of public duty. Admittedly present facts of the case do not fall within any of the exceptions provided in Section 300 of the I.P.C. So to determine the intention and knowledge of committing culpable homicide amounting to murder or attempt to murder, the facts and circumstances of the given case are important. Intention is a mental state to be gathered from the actions and circumstances of the case. 21. In committing an act, particularly a criminal misconduct, the person who commits the act is attributed with the intention to cause natural consequences that follows from the act performed. There may be situations when the person makes the intention for performing an act known clearly by oral declaration or otherwise. In certain cases, it DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 21 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 can be illusive, when intention is not clearly spelt out or discernible and the same has to be gathered from the surrounding facts and circumstances coupled with the acts of the accused. In order to gather the proof of intention or conscious knowledge of what the accused had done, the set of facts in a given case need to be analyzed to attract the component of mens rea and establishment of the same beyond reasonable doubt. 22. It is true that nothing could be brought on record before the learned trial court in order to satisfy the contention of the convict to satisfy his unsoundness of mind either at the time of commission of offences or in course of the trial. The convict participated in trial as a normal person with sound mind taking the plea of innocence and falsehood. He did not say anything during his examination by the court under Section 313 Cr.P.C. either regarding his previous conduct or treatment relating to unsoundness of mind. It has been emphasized by the defence in course of hearing before this Court that the conduct of the convict wearing lady night gown while fleeing from the spot of murder of Badani is an unnatural conduct on the part of the convict pointing towards his insanity and in addition to that, there is absence of motive in committing the assaults. DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 22 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 23. But the convict did not adduce any defence evidence. Not a single medical document was produced before learned trial court to justify unsoundness of mind of the convict at any previous point of time and nothing is also produced on record regarding his insanity or unsound mind afterwards following the incident. He faced trial as a normal man with sound mind and the learned trial judge did not find anything regarding his unsoundness of mind. He faced the trial in the court like any other normal accused. It is true that the burden of proof rests on the defence to prove his insanity at the time of commission of offence. Undoubtedly nothing could be found in course of the trial to opine on the mental state of the accused either as a lunatic or his incapability of making defence due to unsound mind. The learned trial court proceeded against the convict with the satisfaction that he is of sound mind capable of understanding the consequences and making his defence. From the materials produced on record along with intelligible understanding of the questions put to the convict during his examination under Section 313, Cr.P.C. and the questions advanced during cross-examination of different witnesses, it is clear and evident that the convict was in the state of sound mind capable of understanding the procedure, charges and evidences in course of the trial. However, it is found on record that some stray suggestions were DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 23 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 put to the Investigating Officer (P.W.26) by recalling him for further cross-examination. The same are re-produced as follows:- “xx xx xx 30. xx .. xx .. xx I had made no investigation to ascertain the background fact of the accused. I had never received any information, before the incident that a person having unsound mind is roaming in Odagaon town. Neither the accused nor of his family member has informed me, during investigation, if accused was any treatment at SCB Medical College, Cuttack, prior to the incident at any point of time. After arrest I had send the accused for medical treatment.” 24. Nonetheless, the burden comes on the convict to prove his claim of insanity at the time of commission of offences. The principles to be looked in to examine and determine the plea of insanity, even though the same is absent in the given facts of present case, are the circumstances of the case that; whether there is deliberation and preparation for the act, whether it was done in a manner revealing a desire for concealment, the conduct of the accused following the crime if shows consciousness of guilt and effort to avoid detection, and DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 24 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 whether he offered false pleas or false statement after being detected. Mere absence of motive for the crime without any corroboration with previous insanity cannot be the determinative factor to rule in favour of his insanity in committing the crime. The plea of insanity of mind is required to be proved on record beyond doubt and absence of motive is an additional factor to such materials brought on record to prove the insanity. 25. In the chapter of general exceptions envisaged under the Indian Penal Code, Section 84 postulates that nothing is an offence which is done by a person who at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of act, or that he is doing what is either wrong or contrary to law. 26. In Hari Singh Gond vrs. State of Madhya Pradesh, (2008) 16 SCC 109, it is observed that: “11. The section itself provides that the benefit is available only after it is proved that at the time of committing the act, the accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or that even if he did not know it, it was DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 25 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 either wrong or contrary to law then this section must be applied. The crucial point of time for deciding whether the benefit of this section should be given or not, is the material time when the offence takes place. In coming to that conclusion, the relevant circumstances are to be taken into consideration, it would be dangerous to admit the defence of insanity upon arguments derived merely from the character of the crime. It is only unsoundness of mind which naturally impairs the cognitive faculties of the mind that can form a ground of exemption from criminal responsibility. Stephen in `History of the Criminal Law of England, Vo. II, p.166 has observed that if a person cuts off the head of a sleeping man because it would be great fun to see him looking for it when he woke up, would obviously be a case where the perpetrator of the act would be incapable of knowing the physical effects of his act. The law recognizes nothing but incapacity to realise the nature of the act and presumes that where a man's mind or his faculties of ratiocination are sufficiently dim to apprehend what he is doing, he must always be presumed to intend the consequence of the action he takes. Mere absence of motive for a crime, howsoever atrocious it may be, cannot in the absence of plea and proof of legal insanity, bring the case within this section. DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 26 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 This Court in Sherall Walli Mohammed v. State of Maharashtra, (1973) 4 SCC 79, held that ‘….The mere fact that no motive has been proved why the accused murdered his wife and child or the fact that he made no attempt to run away when the door was broken open, would not indicate that he was insane or that he did not have necessary mens rea for the offence. 12. Mere abnormality of mind or partial delusion, irresistible impulse or compulsive behaviour of a psychopath affords no protection under Section 84 as the law contained in that section is still squarely based on the outdated M’Naughton rules of 19th Century England. The provisions of Section 84 are in substance the same as that laid down in the answers of the Judges to the questions put to them by the House of Lords, in M’Naughton's case (1843) 4 St. Tr. NS 847 (HL). Behaviour, antecedent, attendant and subsequent to the event, may be relevant in finding the mental condition of the accused at the time of the event, but not that remote in time. It is difficult to prove the precise state of the offender's mind at the time of the commission of the offence, but some indication thereof is often furnished by the conduct of the offender while committing it or immediately after the commission of the offence. A lucid interval of an insane person is DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 27 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 not merely a cessation of the violent symptoms of the disorder, but a restoration of the faculties of the mind sufficiently to enable the person soundly to judge the act; but the expression does not necessarily mean complete or prefect restoration of the mental faculties to their original condition. So, if there is such a restoration, the person concerned can do the act with such reason, memory and judgment as to make it a legal act, but merely a cessation of the violent symptoms of the disorder is not sufficient. 13. The standard to be applied is whether according to the ordinary standard, adopted by reasonable men, the act was right or wrong. The mere fact that an accused is conceited, odd irascible and his brain is not quite all right, or that the physical and mental ailments from which he suffered had rendered his intellect weak and had affected his emotions and will, or that he had committed certain unusual acts, in the past or that he was liable to recurring fits of insanity at short intervals, or that he was subject to getting epileptic fits but there was nothing abnormal in his behaviour, or that his behaviour was queer, cannot be sufficient to attract the application of this section.” DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 28 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 27. In a recent decision of the Hon’ble Supreme Court in Chunni Bai vrs. State of Chhattisgarh, 2025 SCC OnLine SC 955, it is explained that, “XX .. XX .. There is a difference between medical insanity and legal insanity. What Section 84 IPC provides is legal insanity as distinguished from medical insanity. A person is said to be of unsound mind on whom criminal liability cannot be fastened if at the time of commission of the act, he is incapable of knowing the nature of the act, or that what he was doing was either wrong or contrary to law. It may also be noted that the expression “unsoundness of mind” or the word “insanity” has not been defined in the Penal Code, 1860, though these have been used interchangeably. In the absence of a precise definition of these terms, insanity or unsoundness of mind has been variously understood by courts in varying degrees of mental disorder and the courts have applied this attribute to give the benefit of doubt or otherwise, depending on the facts and circumstances of the cases. However, mere odd behaviour or certain physical or mental ailments affecting the emotions or capacity to think and act properly have not been construed to be “unsound mind” within the scope of Section 84 of the IPC. All DSREF No.2 of 2024 & JCRLA No.62 of 2024 Page 29 of 53 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Aug-2025 16:47:54 kinds of insanity as are understood are not covered under Section 84 of IPC but only such acts, when committed by a person who was incapable of knowing the nature of the act or that he was doing which is either wrong or contrary to law are concerned. As a consequence, only such mental or medical condition which affects or disturbs the faculty of the person which renders him unable to know the nature of act committed or that he was doing which he did not know that it was wrong or contrary to law can be given the benefit of insanity under Section 84 IPC, and thus escape criminal liability.” 28. As stated earlier, the burden of proof to prove existence of such circumstance to attract the exception as per Section 84 of the IPC is on the accused and of course, the standard of proof required for accused by law in such cases is preponderance of probability as is adopted in civil cases. (See : Satyavir Singh Rathi, Assistant Commissioner of