CUTTACK: The Orissa High Court has decided to assess the mitigating factors in favour of not imposing the death penalty on Prakash Behera and Nandakishor Sethy, who were convicted for brutal killing of three members of a family - a husband, wife and three year old son by slitting their throats.
The ghastly incident took place at Gambharimaliha village under Kishore Nagar police limits in Angul district on October 9, 2017. The Additional Sessions Judge, Athamallik, convicted Behera and Sethy, and awarded death sentence to the duo observing it to be a rarest of rare case on September 27, 2024. The state government had moved the high court seeking confirmation of the death sentence. Both the convicts had also filed criminal appeals against the trial court’s verdict.
During hearing on the death reference, the division bench comprising Justices Sangam Kumar Sahoo and Sibo Sankar Mishra remarked that there was no proper and meaningful hearing as such which is necessary in order to do complete justice and apparently no opportunity was afforded to the appellants to submit any such material in support of the mitigating circumstances during, and in course of hearing on the question of sentence.
Accordingly, the bench directed the senior superintendent, Circle Jail, Angul to ensure collection of detailed information with reports on the past life, psychological conditions and post-conviction conduct of the appellants and such other matters to be relevant at the final hearing. The matter is scheduled for further hearing on June 23, 2025, at 2 pm.
The bench clarified that the HC has not expressed anything on merits of the appeal and the current exercise is in relation to the sentencing aspect to be examined finally, while disposing it off with the death reference. The additional government advocate has been directed to ensure virtual appearance of the appellants on that day.