The Orissa High Court has upheld the conviction and life imprisonment of a man found guilty of murdering his mother and his 18-day-old infant brother.

In that context, the Bench of Justice SK Sahoo observed that, "after a thorough review of the facts, testimonies, and legal principles involved in this case, it is evident that the trial court’s judgment convicting the Appellant stands on firm ground and the prosecution has successfully established beyond reasonable doubt that the Appellant committed the heinous act of murdering his mother and infant brother. Key pieces of evidence, including the consistent testimonies of witnesses, the recovery of the weapon at the Appellant’s instance, and the medical evidence aligning with the injuries sustained by the victims, collectively point to the Appellant’s culpability. Moreover, the plea of insanity was carefully examined and found insufficient to undermine the Appellant’s criminal liability."

As per the prosecution's case, the appellant demanded rice from his mother, who refused to serve it. This led to a quarrel between them. Later, while his mother was sleeping with his 18-day-old brother, the appellant attacked them with a ghaghada, resulting in their immediate deaths.

The trial court examined all relevant evidence, including the eye-witness account of the appellant's minor sister, and found the appellant guilty of murdering his mother and brother. He was sentenced to life imprisonment. The appellant, dissatisfied with the judgment, appealed to the High Court.

The Court, after considering the contentions raised by both sides, delineated the primary issues for consideration: the reliability of the testimony of the appellant's minor sister, the recovery of the weapon of offence at the appellant's instance, and the acceptability of the appellant's plea of insanity.

Regarding the evidentiary value of the minor sister's testimony, the Court observed that despite being only five years old at the time of the incident, she passed the 'voir dire test' conducted by the trial Court. The Court noted that the minor eye-witness provided a detailed account of the events leading up to the murder of her mother and infant brother, including how she escaped and alerted the villagers. Her testimony was supported by three other witnesses who arrived at the scene immediately after the occurrence and saw the minor girl running and crying, as well as the appellant fleeing.

The Court stated, "The comprehensive examination of the witness's statement does not indicate any coaching of the child witness. Therefore, considering the witness's consistency and the corroboration provided by other witnesses, the testimony is deemed reliable and corroborated."

Examining the plea of insanity, the Court held that despite the appellant being called 'Baya' (meaning 'insane' in Odia) in the village, the village Sarpanch confirmed that the appellant did not suffer from any mental disorder. The appellant's actions, including demanding food, attacking the victims, fleeing the scene, and leading the police to the weapon, indicated awareness of his actions. The Court asserted, "The witnesses' statements indicate that the Appellant exhibited irrational behavior. However, that does not conclude that he had homicidal tendencies. The evidence presented only shows behavior deviating from normalcy. This evidence is insufficient to prove that the Appellant's sense of reasoning was impaired to the extent necessary to establish legal insanity."

The Court further emphasized the importance of the weapon's recovery at the appellant's instance and highlighted the post-mortem doctor's opinion that the recovered weapon could inflict the fatal wounds found on the deceased.

Subsequently, the Court sustained the conviction and sentence imposed by the trial Court, dismissing the appeal as devoid of merit.

Cause Title: Rupadhar Jani vs State of Odisha

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Orissa High CourtJustice SK SahooMurder Case

Ananya Soni