'Disproportionate & Unwarranted': Orissa High Court Commutes Death Penalty Of Man Convicted For Triple Murder

The Orissa High Court on Wednesday commuted the death penalty imposed upon a man convicted by the trial Court for commission of murder of three members of a family, including two women, in order to wreak vengeance relating to a landed property dispute. While handing down life imprisonment to the condemned prisoner so also to the co-accused, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash held– “We are of the view that public opinion or the society's expectation may be to confirm the death sentence of appellant Nabin Dehury since it is a case of triple murder and two deceased were ladies, but it must be remembered that such opinion or expectation is neither an objective circumstance relating to crime, nor the criminal, and therefore, this Court must exercise judicial restraint and play a balancing role.” Prosecution Case The appellant Nabin Dehury was accused of committing murder of the deceased Giridhari Sahu by giving him fatal blows by means of a 'tangia'. The appellant Hemananda Dehury was accused of aiding the appellant Nabin Dehury by restraining the deceased Sabitri Sahu while she was attempting to rescue the deceased Pirobati Behera. The trial Court, after analyzing the evidence on record, found both the appellants guilty of the offence charged and sentenced appellant Nabin Dehury to death and appellant Hemananda Dehury to imprisonment for life. His presence, his support, his overt act are sufficient to hold that he shared common intention with his father in the assault of the deceased Pirobati Behera and deceased Sabitri Sahu.” Consequently, the Court found both appellants guilty for the commission of offence under Section 302/34 of the IPC and upheld the life imprisonment imposed upon the appellant Hemananda Dehury.