Orissa Murder Case: Supreme Court Upholds Conviction Under Section 149 IPC

On January 6, 2016, the Supreme Court of India ruled in Criminal Appeal No. 244 of 2009 and Criminal Appeal No. 1523 of 2015, concerning the murder of Padma Lochan Jena. The case involved a group attack by five accused individuals, raising legal questions on unlawful assembly and common intention under Section 149 IPC. The Supreme Court upheld the High Court’s decision, which convicted all accused, reversing the trial court’s partial acquittal.

Background of the Case

The incident occurred on April 3, 1996, at approximately 4:00 PM, near Kadabaranga Chhaka in Bhadrak, Orissa. The victim, Padma Lochan Jena, was traveling with P.W.8 and P.W.11 on a Rajdoot motorcycle when five accused individuals intercepted them. Each accused was armed with deadly weapons. The accused chased them as they tried to escape and inflicted serious injuries with weapons.

A trekker passing by the scene caused the attackers to flee. P.W.7, along with another individual, stopped to help and transported the injured to the hospital in a mini-bus. Unfortunately, Padma Lochan Jena succumbed to his injuries before reaching the hospital. The First Information Report (FIR) was lodged by P.W.1, the victim’s uncle, at 5:45 PM.

Investigation and Arrest

Accused-1 was arrested on April 6, 1996.
Accused-2 was arrested on April 11, 1996.
Accused-3 and Accused-4 surrendered before the court on July 12, 1996 and July 19, 1996, respectively.
Ashok Das alias Gopal Das was arrested on March 19, 1997.

The investigating officers, P.W.13 and P.W.14, recovered key evidence, including:

A bhujali (knife) and its cover.
Blood-stained clothing of the deceased and injured victims.
Plastic comb, plastic glass, and whisky and rum bottles from the crime scene.

Trial Court’s Judgment

The accused were charged under Sections 147, 148, 341, 326, 307, and 302 read with Section 149 IPC. The trial court examined P.Ws.1 to 14 as prosecution witnesses, along with medical and forensic reports. However, the trial court ruled:

Ashok Das alias Gopal Das was found guilty of murder under Section 302 IPC and sentenced to life imprisonment.
He was also convicted under Section 326 IPC for causing grievous hurt to P.W.8 and sentenced to three years of rigorous imprisonment.
Accused 1 to 4 were acquitted, as the court found insufficient evidence to prove their individual roles beyond reasonable doubt.

High Court’s Reversal

The Orissa High Court, upon hearing the government’s appeal, reversed the acquittal of Accused 1 to 4 and convicted all five under Section 302 IPC read with Section 149 IPC. The key findings were:

All accused shared a common intention and were part of an unlawful assembly.
The victim’s injuries were consistent with multiple attackers.
There was sufficient eyewitness testimony proving the presence of all accused.

The High Court sentenced all accused to life imprisonment for murder.

Arguments in the Supreme Court

Appellants’ Arguments:

P.W.8 and P.W.11, the injured eyewitnesses, did not consistently name all accused.
The FIR did not initially list all accused.
The alleged murder weapon (sword) was never recovered.
There was a delay in forwarding the FIR to the magistrate.

Respondents’ Arguments:

The accused were identified by multiple witnesses.
Medical evidence matched the nature of injuries described by eyewitnesses.
The common object doctrine under Section 149 IPC applied.

Supreme Court’s Ruling

The Supreme Court upheld the conviction of all five accused, ruling:

“The participation of five or more persons in an unlawful assembly was established. Under Section 149 IPC, each member of such an assembly is guilty of the offense committed in prosecution of the common object.”

The Court dismissed the argument that minor inconsistencies in witness testimonies could weaken the case, stating:

“The first information report is not an encyclopedia of the entire case. It need not contain all details.”

The appeals were dismissed, and all accused remained sentenced to life imprisonment.

Key Takeaways from the Judgment

Section 149 IPC applies when five or more persons commit a crime with a common object.
Minor inconsistencies in witness statements do not affect a case when substantial evidence supports the conviction.
Delays in forwarding an FIR are not necessarily fatal to prosecution.

Conclusion

The Supreme Court’s ruling reinforces the principle that group attacks must be judged based on common intention rather than individual roles. The case strengthens legal precedent on unlawful assembly and collective liability in violent crimes.

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Download Judgment: Susanta Das & Others vs State of Orissa Supreme Court of India Judgment Dated 06-01-2016.pdf

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