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Time of India
19 hours ago
- Time of India
HC orders fresh hearing on sentencing of 2 convicts
1 2 3 Cuttack: The Orissa high court, in a significant development in a death penalty reference case, has directed a fresh hearing on the question of sentence for two convicts, citing lack of a fair and meaningful opportunity to present mitigating circumstances during the trial. A division bench of the high court, comprising Justice Sangam Kumar Sahoo and Justice Sibo Sankar Mishra, issued the direction on Wednesday in the case concerning confirmation of the death sentence awarded to the two convicts by additional sessions judge court, Athmallik, on Sept 27, 2024. The case was referred to the high court by the state govt for confirmation of the capital punishment given to Prakash Behera and Nandakishor Sethy. Both convicts also filed criminal appeals challenging the trial court's verdict. They appeared virtually from circle jail, Angul, along with their legal aid counsel, Dillip Kumar Das. The state was represented by additional government advocate (AGA) Debasis Tripathy. The trial court had convicted Behera and Sethy under Sections 302 (murder), 364 (kidnapping or abducting in order to murder), 201 (causing disappearance of evidence) and 34 (common intention) of the Indian Penal Code. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 5 Books Warren Buffett Wants You to Read In 2025 Blinkist: Warren Buffett's Reading List Undo The case was deemed to fall under the 'rarest of rare' category as it involved the brutal killing of three members of a family — a husband, wife and their three-year-old son — whose throats were slit. The incident took place on Oct 9, 2017, in Gambharimaliha village under Kishore Nagar police station limits in Angul district. However, the high court noted that there was no meaningful opportunity provided to the appellants to present mitigating evidence before sentencing. "There appears to be no opportunity afforded to the appellants to submit any material in support of the mitigating circumstances," the court observed, taking note that the orders of conviction and sentence were issued on the same day. The bench directed the senior superintendent of circle jail, Angul, to collect detailed reports on the appellants' past life, psychological conditions and post-conviction conduct. The reports must be prepared with assistance from the probation officer, psychologists, jail doctors and other relevant officials. The matter is scheduled for further hearing on June 23, 2025, at 2pm. The court clarified that it has not commented on the merits of the appeal and that the current exercise is limited solely to the sentencing aspect. The AGA has been directed to ensure virtual appearance of the appellants on that day. The appellants have been asked to submit affidavits detailing mitigating circumstances by June 30, 2025. All supporting reports and materials must also reach the high court by the same date.


New Indian Express
25-04-2025
- Politics
- New Indian Express
Kansbahal irrigation project: Odisha HC asks Government to pay compensation to displaced
CUTTACK: Expressing displeasure over the inordinate delay in disbursement of compensation to 339 families who were displaced by the Kansabahal Irrigation Project in Sundargarh district more than three decades ago, the Orissa High Court has directed the government to ensure its payment by May 13. A petition was filed by in 2021 by 12 persons, who were among the displaced families seeking direction to the authorities concerned to release the compensation amount with interest to the families belonging to Badanuagaon, Dungajhore, Ranipia and Maldihi villages in accordance with law within a stipulated period. The petition also sought direction to extend the benefits as per the Rehabilitation Policy formulated by the state irrigation department in 1990. Advocate Sanjeev Udgata, representing the petitioners, pointed out that even though the amount was deposited way back in 2014 and clarification was sought on what rate the rehabilitation assistance would be paid, no such clarification has yet been received by the Sundargarh collector, for which there is inordinate delay in disbursement of the compensation. Taking note of it, the division bench of Justices Sangam Kumar Sahoo and Sibo Sankar Mishra directed the director of Resettlement & Rehabilitation (Water Resources department) to immediately give the clarification sought by the district collector. The bench posted the matter to May 13 and further ordered for disbursement of the compensation amount by then. The case records showed that the executive Engineer, Sundargarh Irrigation Division had deposited `4,38,89,000 in 2014 for disbursement to the displaced families as per sanctioned estimate and rules in force. Later, on February 5, 2014, the district collector had in letter to the director of Resettlement & Rehabilitation sought clarification in connection with rehabilitation assistance to the project-affected persons.