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HC upholds conviction & life sentence of man for wife's murder based on dying declaration
HC upholds conviction & life sentence of man for wife's murder based on dying declaration

Time of India

time10-06-2025

  • Time of India

HC upholds conviction & life sentence of man for wife's murder based on dying declaration

Cuttack: The Orissa high court upheld the conviction and life sentence of a man for the murder of his wife by relying on her dying declaration as key evidence. The incident took place under Bari Ramchandrapur police station limits on Nov 14, 2011, when the accused poured kerosene on his wife and set her ablaze. She succumbed to her injuries on Dec 9, 2011, at a govt hospital in Cuttack. The trial court in Jajpur convicted the man on Jan 6, 2014, under Sections 302 (murder), 498A (cruelty), 304B (dowry death) of the IPC and Section 4 of the Dowry Prohibition Act, 1961. The conviction was primarily based on the dying declaration made by his wife to a doctor at the hospital. The jail criminal appeal filed by the convict in the same year was pending until the high court delivered the judgment on May 27, 2025. The division bench, comprising Justices S K Sahoo and Savitri Ratho, said, "We are not only satisfied that the victim was in a fit state of mind to make the statement, but also that the dying declaration was true, voluntary and not influenced by any extraneous consideration and therefore, on the sole basis of the dying declaration, conviction of the appellant can be sustained. " The bench emphasised the legal sanctity of dying declarations, stating that a person on the verge of death is unlikely to fabricate a statement. In the case in hand, as per the dying declaration, the appellant came home drunk, poured kerosene on her and set her on fire. Hearing her screams, her parents-in-law came to her rescue, put out the fire and took her to the hospital. "Hence, absence of motive in these circumstances will not be a ground to disbelieve the dying declaration, as it is otherwise reliable," the bench observed. The bench further observed that while there were no witnesses to the incident, the dying declaration was corroborated by the medical certificate and the doctor's testimony, which were not challenged during cross-examination. The prosecution's case regarding dowry demand and harassment was not supported by the deceased's relatives or co-villagers, leading the high court to set aside the convictions under Sections 498A and 304B of the IPC and Section 4 of the Dowry Prohibition Act, 1961. However, the bench confirmed the conviction under Section 302 of the IPC, affirming the trial court's judgment.

Justice is not a privilege but right of every child: Odisha HC judge
Justice is not a privilege but right of every child: Odisha HC judge

New Indian Express

time06-06-2025

  • Politics
  • New Indian Express

Justice is not a privilege but right of every child: Odisha HC judge

BHUBANESWAR: Justice is not a privilege but a right of every child, said Justice Savitri Ratho. Addressing a panel discussion on 'Advancing Child-Centred Justice' hosted by the National Law University Odisha (NLUO) and Child Rights and You (CRY) as part of the 5th World Congress on Justice with Children here recently, the Orissa High Court judge underscored the need for trauma-informed processes and regular monitoring under the Juvenile Justice (Care and Protection) Act, 2015, especially for marginalised children. 'Justice is not a privilege to be earned; it is a promise to be kept for every child,' she affirmed. Speaking on the occasion, chairperson of the United Nations' Internal Justice Council and former judge of the Supreme Court of India Justice Madan Lokur emphasised the need for meaningful access to justice for children - as victims, as accused, and as those in need of care and protection, in all their avatars. He highlighted the underreporting of violence against children, alarming backlog in inquiries, and revictimization faced by survivors during the trial due to systemic delays and inadequate support systems. While principal secretary of the Women and Child Development department Shubha Sarma shared the state's commitment through schemes like Subhadra and Ashirbaad, NLUO vice-chancellor Ved Kumari advocated for a broad, child-centred definition of justice. The World Congress on Justice with Children is a global platform that convenes every five years to further the policy, practice and discourse on child-centred justice.

Orissa High Court stays BDA's termination of agreement with firm managing Cuttack Netaji Bus Terminal
Orissa High Court stays BDA's termination of agreement with firm managing Cuttack Netaji Bus Terminal

New Indian Express

time07-05-2025

  • Business
  • New Indian Express

Orissa High Court stays BDA's termination of agreement with firm managing Cuttack Netaji Bus Terminal

CUTTACK: Bhubaneswar Development Authority (BDA)'s notice of termination of agreement with a Maharashtra-based firm for maintenance and management of Cuttack Netaji Bus Terminal (CNBT) has come under the Orissa High Court scanner. The division bench of Justices KR Mohapatra and Savitri Ratho recently directed BDA to keep the notice of termination in abeyance till June 30. The termination notice issued on April 21, 2025 directed the firm to demobilise its personnel and also intimated that the last working day of the firm at CNBT will be April 30. The agreement was executed by BDA with the firm on August 25, 2023. It was valid till August 24, 2028. The court issued the direction after the firm challenged the notice on the grounds that no reason has been assigned for the premature termination of the agreement. In the order on May 1, the bench noted that no reason has been assigned by the BDA for termination of the agreement. 'It also appears that in the garb of exercising the power to reduce the scope of the work, BDA has terminated the agreement prematurely w.e.f. 1st May, 2025. No fault/default has been attributed to the petitioner for such premature termination. Hence, the matter requires consideration,' the bench observed. 'Since we find a prima facie case in favour of the petitioner and have issued notice in the matter, the continuance of the petitioner to perform the job as per agreement should continue till the next date (June 30),' the bench ordered and issued notice to BDA. The CNBT is a hi-tech bus stand built by the Odisha Bridge and Construction Corporation over 14.95 acre of land at Khannagar area in Cuttack at a cost of Rs 90 crore.

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