In a recent ruling, the Orissa High Court commuted the death sentence given by the Sessions Court in 2024 to a man named Niranjan Mallik, who brutally murdered two people at different places. He also stabbed a pregnant woman multiple times, and inserted a pastry-roller inside her private part, leading to the death of the foetus.

On 12^th August 2025, the Division Bench of Justice Bibhu Prasad Routray and Justice Chittaranjan Dash commuted the convict’s capital punishment observing that his conduct inside the jail is ‘satisfactory’. The bench said that other than the heinous crime he committed, the accused Niranjan Mallik is a ‘normal man’.

“Nothing on his conduct as per the report of the jail authority would constitute an aggravating factor against him to confirm the death sentence. Regardless of the heinous nature of crime committed by him, his conduct inside jail is quite satisfactory as per the report of the Superintendent of Jail and he had also no other antecedent than the present one to be counted against him to justify his death sentence. He was and is a normal man except committing the offence prior to and after the occurrence,” the court said.

Niranjan Mallik’s barbarity and mindless killing of two innocent people

The horrific episode of double murder and unspeakable brutalities against a pregnant woman unfolded on the intervening night of 16th and 17th January 2019. The crime spree started around 2:00 AM and continued till early morning at different places of the Odagaon Town in Nayagarh district of Odisha.

Niranjan Mallik committed murder of two persons, Lochan Sethi (Male) and Badani Pradhan (Female), and injured three more persons namely, Sulochana Pradhan (Female), Amulya Barik (Female) and Dambaru (Male). The deceased, Lochan, was working as a night watchman in the vegetable market at Odagaon.

It was when Lochan Sethi was performing his night duty in the vegetable market, the convict all of a nowhere appeared with a piece of wooden plank and suddenly hit him on his head and other parts of the body. Immediately, the other watchman of the nearby Ganesh Market rushed to the spot, however, Niranjan Mallik fled the crime scene.

Soon after, when deceased Badani was sweeping front portion of his house, which is within the compounded premises of Sanjibnee Clinic at Odagaon, the convict suddenly appeared there and dealt a blow on her head. The deceased fell in a pool of blood and died at the spot. Hearing her cry for help, her daughter Sulochana, who was bathing nearby, rushed out. However, Mallik assaulted the pregnant lady with the same wooden plank.

Niranjan Mallik did not stop at this. He stabbed Sulochana multiple times and inserted a pastry roller (Belena Kathi) into her vagina. At that time Sulochana was around seven months pregnant. Sulochana was working in Sanjibanee Clinic and residing there along with her mother (deceased Badani) in the servant quarters located within its premises and the spot of the crime is the front area of their house surrounded by compound wall of the clinic.

As some passersby approached the clinic after hearing screams of the victim, convict Niranjan Mallik fled away wearing a ladies night gown kept outside.

In another incident after some time, the convict assaulted an elderly woman named Amulya Barik, who was going to a temple in the early morning. The injured victim fell on ground with bleeding wounds. The convict then proceeded to attack another injured person Dambaru, who was opening his shop. While the convict proceeded to attack Dambaru with the same wooden plank, the victim fought back and snatched the plank after a tussle.  In reaction, appellant Niranjan Mallik bit the left-hand little finger of the injured so severely that the tip of finger was separated from the rest part of the finger, leaving his mutilated finger bleeding profusely.

Niranjan Mallik’s conviction

The convict had pleaded not guilty. During his examination, he mostly replied to all questions put to him as falsehood or without his knowledge. The investigation was completed and the chargesheet was filed. Subsequently, during the trial, the Additional Sessions Judge, Odagaon found Niranjan Mallik guilty under Sections 302 (murder), 307(attempt to murder), 325 (voluntarily causing grievous hurt), 326(voluntarily causing grievous hurt by dangerous weapon) and 458 (lurking house trespass after preparation of assault) of the IPC.  

In addition to other sentences, Mallik was sentenced to death for commission of offence under IPC Section 302 (double murder).

Following this, the matter was brought by the trial court to High Court for the death sentence’s confirmation. Meanwhile, the convict also filed a criminal appeal assailing the conviction and sentence.  The defence submitted that the convict had previously received treatment for mental unsoundness and in absence of any motive in committing the offences, it is established that the convict did such assault by unsoundness of mind, without any intention, being incapable of knowing the nature and consequence of the act. The court tagged both the cases and heard them together.

The High Court bench, however, observed the defence failed to prove the convict’s mental unsoundness before the trial court. “The convict participated in trial as a normal person with sound mind taking the plea of innocence and falsehood. He did not say anything during his examination by the court under Section 313 Cr.P.C. either regarding his previous conduct or treatment relating to unsoundness of mind,” the court said.

Rejecting defence’s argument that since Mallik was mentally unsound, he had no motive for the crimes he committed. However, the court stated that mere absence of motive for the crime without any corroboration with previous insanity cannot be the determinative factor to rule in favour of his insanity in committing the crime. The court also pointed out that the fact that the convict used the lady nightgown for fleeing away after hearing the locals approaching the crime scene, indicates the convict’s clever mind.

“So far as motive is concerned, absence of same in a case of homicide is immaterial where there is direct evidence of eyewitnesses supported by medical evidences. Motive is a mental factor hidden in a deep recess of the mind,” the court said.

The Court was convinced that the deaths of the deceased were homicidal based on the statements of the eyewitnesses and post-occurrence witnesses as well as the medical evidence. After analysing the evidence gleaned from eyewitness testimonies, it became clear that the appellant was the perpetrator of the crimes in question. The court took special note of the testimony of victim Sulochna and highlighted the barbarity the pregnant woman was subjected to by the convict.

“Therefore, the intention or mens rea on the part of convict is found established from the circumstances and the actions narrated by the witnesses. As such, the conviction rendered by the trial court on the accused is found justified and thus confirmed,” the stated.

The court mentioned that the trial court had imposed death sentence on the convict for commission of murder punishable under Section 302 I.P.C. along with payment of fine of Rs.50,000/-. The convict was further awarded with sentences for life imprisonment.

Court says “he was and is a normal person”

However, regarding the death sentence, the High Court said that the trial court made no efforts to evaluate the aggravating and mitigating circumstances before imposing the death sentence.

The Orissa High Court had directed the jail authority for collection of detailed information with reports on the past life, psychological condition and post- conviction conduct of the Appellant along with such other materials and also granted opportunity to the Appellant (convict) to file affidavit producing any material on mitigating circumstances.

As per the report submitted by the convict’s father, Niranjan Mallik studied till high school and moved to Gujarat. He got married and two kids, however, his marital life did not go very well. He switched businesses and in 2012, he had an accident. His financial and mental condition deteriorated from thereon. In the latter half of 2016, Mallik development psychiatric issues and underwent treatment.  His village people spoke good of him.

Meanwhile, the medical report filed by the team of doctors stated that the convict t is having stable psychological condition without any adversity observed in his conduct. His short- and long-term memory is largely intact and no issues found in his social and personal judgment.

The court cited the report of the medical officer of the jail to observe that the behaviour and attitude of the convict towards other inmates and staff is good and he performs daily routine work in a normal manner.

“So in the opinion of the Senior Superintendent of Circle Jail, Berhampur the convict’s behavior is quite normal. He prays to God and reads Holy Gita regularly and other daily newspapers and his behavior towards others is very normal,” the court observed.

The court said that while it is true the criminal is also a human being and is entitled to a life of dignity notwithstanding his crime, however, the murders committed by the convict, and brutalities inflicted by him on his victims alongside the emotional and psychological impacts on the families of the deceased persons “constitute an aggravating factor”.

However, the court mentioned previous judgments in similar cases to stress that despite the presence of aggravating factors, it is imperative for the court to state special reasons for death sentence and consider the possibility of reformation and rehabilitation of the convict.

The court examined the convict’s socio-economic background and noted that he hailed from poor economic strata and had no previous criminal antecedent other than the present case. It also highlighted the findings of the jail authority’s report to observe that Mallik’s conduct inside the jail is “normal and cordial” with other inmates.

“As per the report of the Jail authority submitted before this court, he is cordial to others and no one spoke evil of him in his village, his conduct inside the jail is normal and cordial to other inmates. Nothing on his conduct as per the report of the jail authority would constitute an aggravating factor against him to confirm the death sentence. Regardless of the heinous of crime committed by him, his conduct inside jail is quite satisfactory as per the report of the Superintendent of Jail and he had also no other antecedent than the present one to be counted against him to justify his death sentence,” the court said, adding that the convict was and is a “normal man except committing the offence prior to and after the occurrence.”

The court took the report of the jail authority into consideration to conclude that it cannot be said that there is no possibility of the convict being reformed and rehabilitated, foreclosing the alternative of lesser sentence. The court, thus, commuted his death sentence to life imprisonment.

“We are therefore inclined to convert the sentence imposed on the Appellant from death to life, but taking note of the severity of the offences including murder of two persons we are of the view that the convict deserves life imprisonment for rest of his life,” the court ruled.