Tikamani @ Tika Meher vs State Of Odisha
2025 Latest Caselaw 9325 Ori

Orissa High Court

Tikamani @ Tika Meher vs State Of Odisha on 23 October, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    CRLA No.593 of 2025

            Tikamani @ Tika Meher                      .....                  Appellant
                                                                Represented By Adv. -
                                                                Mr. Jugala Kishore Panda

                                           -versus-
            State of Odisha                           .....                Respondent
                                                                Represented By Adv. -

                                                                Mr. U.R. Jena, AGA


                                   JCRLA No.173 of 2024

            Rajkumar Meher                             .....                  Appellant
                                                                Represented By Adv. -
                                                                Mr. Byomakesh Sahoo
                                                                (Amicus Curiae)

                                           -versus-
            State of Odisha                       .....                    Respondent
                                                               Represented By Adv. -

                                                               Mr. U.R. Jena, AGA


                                 CORAM:
            THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                           ORDER

23.10.2025 Order No.

04. 1. These matters are taken up through Hybrid Arrangement (Virtual/ Physical Mode).

2. On perusal of the impugned judgment dated 31.08.2024 passed by the learned Additional Sessions Judge, Boudh in Sessions Trial No.50 of 2022, it appears that the trial court has come to a conclusion

that the prosecution has successfully established the alleged charges punishable under Sections 323/302/307/34 of the I.P.C. against the Appellants beyond all reasonable doubts. Accordingly, they were found guilty under Sections 235(II) of Cr.P.C. However, while imposing sentence, the trial court has imposed a sentence of R.I. of 20 years each of the Appellants and to pay fine of Rs.2,000/- each for commission of offence under Section 302/34 of I.P.C. and, in default of payment of fine, each of them to suffer R.I. for another three months.

3. On a careful analysis of the aforesaid sentence, this Court is of the view that the punishment prescribed in Indian Penal Code for an offence under Section 302 of I.P.C. is death or imprisonment for life and shall also be liable to fine. Therefore, the trial court could not have imposed a sentence other than the one prescribed under Section 302 of I.P.C.

4. In view of the aforesaid position, this Court is of the view that the matter should have been placed before the Division Bench of this Court in view of the provision contained in Orissa High Court Rules, 1948.

5. Accordingly, registry is directed to place these matters before the Hon'ble Chief Justice for obtaining necessary instruction with regard to listing of these matters before the appropriate Bench.

( A.K. Mohapatra ) Judge Debasis