Cuttack: Citing lack of conclusive evidence and procedural lapses in the trial court’s verdict, Orissa high court on Monday acquitted two men on death row for the brutal killing of a couple and their minor son in Angul district in 2017.A division bench of Justices Sangam Kumar Sahoo and Sibo Sankar Mishra set aside the conviction and death sentence of Prakash Behera and Nandakishor Sethy, who were held guilty by the additional sessions judge, Athamallik, on Sept 27, 2024.The HC bench observed that the prosecution had failed to prove the accused’s involvement in the crime beyond reasonable doubt.On Oct 9, 2017, Biranchi Naik, wife Tarani and their minor son Ekalabya of Gambharimaliha village were found with their throats slit. Naik’s younger brother lodged an FIR at Kishorenagar police station in Angul district, and following investigation, Sethy and Behera were arrested.According to the prosecution, Sethy and Behera unlawfully entered the home of Naik with an intent to commit robbery and murder. They allegedly abducted Naik and his son, and later also murdered the wife. The accused reportedly stole cash and used a sharp-edged weapon in the crime.In a bid to destroy evidence and evade the law, the bodies were apparently dumped in different locations — under a bridge and in a forest — while the weapon and blood-stained clothes were discarded in remote areas.The trial court had termed the case as “rarest of rare” and handed them a death sentence. The state govt had moved the high court seeking confirmation of the verdict, while the convicts filed criminal appeals challenging it.The high court noted that the trial court verdict seems to be based on conjecture and suspicion. “There is no clinching evidence relating to the involvement of the appellants in the commission of the triple murder. The verdict is nothing but a sheer moral conviction,” the bench observed.It stated that the trial court judgment, which was based on DNA report, had jumped to conclusion of the duo’s involvement in the murder. “There is no discussion in the impugned judgment relating to the proper sealing of the exhibits after its seizure, safe custody of the exhibits, absence of any explanation from the side of the prosecution relating to delayed dispatch of the exhibits to court and the effect of delay when most of the exhibits were produced in unsealed condition,” the HC observed while acquitting Behera and Sethy of all charges and directed that they be released from custody forthwith, unless required in any other case.
