The case Sankar Lenka & Others v. State of Odisha arises from a violent altercation between two villages, Raghunathpur and Ghumusarpadar, in 1994 over a land dispute. The altercation escalated when villagers from Raghunathpur, armed with weapons, attacked the villagers of Ghumusarpadar, resulting in the death of Shyama Sundar Raut and injuries to several others. Multiple accused were charged with rioting, murder, and attempted murder. The trial court convicted the accused under Sections 148, 302, and 307 read with Section 149 of the IPC and under Sections 25 and 27 of the Arms Act.
Point of Law:
The main legal question revolved around whether all accused shared a common object under Section 149 IPC to cause rioting and murder. The court also examined the lapses in the investigation, particularly the delay in lodging the FIR, failure to explain injuries to the accused, and discrepancies in witness testimonies.
High Court Ruling:
The Orissa High Court found that the prosecution failed to convincingly prove that the accused, other than Kulamani Nayak, shared the common intent to kill. The court noted serious investigative lapses, unreliable witness testimonies, and the failure to seize firearms. The conviction under Section 149 IPC was not sustained for the other accused, and they were acquitted, while the conviction of Kulamani Nayak for murder under Section 302 IPC was upheld.