Orissa High Court Acquits Two in 1998 Murder, Cites 'Unreliable Witnesses and Contradictions' in Prosecution Case

Orissa High Court acquitting the two appellants who had been convicted for murder in a 1998 case. The Court set aside the conviction and life sentence handed down by the Sessions Court in Sambalpur, citing insufficient evidence to establish the involvement of the appellants in the killing of Biswanath Sharma.

"Prosecution Failed to Prove Guilt Beyond Reasonable Doubt"

The Court emphasized that the prosecution’s evidence did not conclusively link the appellants to the crime, particularly their participation in the alleged unlawful assembly that led to the murder. The testimony of key prosecution witnesses was found unreliable and contradictory.

The case dates back to 28th June 1998, when the victim, Biswanath Sharma, was brutally assaulted by a group of men armed with swords and hockey sticks at Mahaveer Chaka, Sambalpur. The altercation began when the accused were seen attacking two of Sharma’s employees, prompting him to intervene. Biswanath sustained multiple injuries and later succumbed to his wounds.

Following the incident, five individuals, including the two appellants, were charged under Sections 147, 148, 302, 323, 324, and 149 of the Indian Penal Code (IPC), along with Section 25 of the Arms Act. The Sessions Court found all five guilty, sentencing them to life imprisonment.

During the pendency of the appeals, three of the accused passed away, and their cases were dismissed. The current appeal pertained only to Brajen @ Brajendra Panda and Pinku @ Bikram Keshari Chouhan.

The primary issue was whether the prosecution had established the appellants’ guilt beyond a reasonable doubt. The High Court noted several inconsistencies in the prosecution’s case. Key witness testimonies, particularly from P.W.1 (the deceased's brother), P.W.2, and P.W.9, were found to be unreliable. For instance, P.W.1’s claims regarding the involvement of Brajendra Panda were contradicted by earlier statements he made to the investigating officer. Moreover, P.W.9, who alleged that the appellants assaulted the victim with swords, delayed reporting the incident and provided contradictory testimony, raising doubts about his credibility.

Additionally, P.W.12, the informant who lodged the FIR, did not implicate the appellants during his testimony. The Court found this to be a significant lapse in the prosecution’s case, as the informant’s version of events diverged from the FIR.

After reviewing the evidence, the Orissa High Court ruled that the prosecution had failed to prove the appellants' involvement in the murder beyond a reasonable doubt. The Court acquitted Brajen @ Brajendra Panda and Pinku @ Bikram Keshari Chouhan, setting aside their conviction and ordering their release. The bail bonds of the accused were cancelled.

Date of Decision: 1st October 2024

Brajen @ Brajendra Panda & Pinku @ Bikram Keshari Chouhan v. State of Odisha