High court takes killer off gallows (Orissa)

By Lalmohan Patnaik in Cuttack

Published 18.01.18

Cuttack: Orissa High Court has converted the death sentence awarded to a murder accused to life imprisonment after two division bench judges differed over capital punishment awarded by trial court.

The final verdict came after the matter had been placed before five judges - first a two judge bench, then a single judge bench - and then again, a two judge bench. The trial court convicted and sentenced to death Banabihari Behera, 35, a truck driver, on August 27, 2014, for killing a 16-year-old girl, who was then a first-year student of intermediate science. The incident occurred at Tomka village on April 26, 2013. As the court had ordered capital punishment, the judgment was sent for confirmation to the high court.

But when judges of a division bench delivered two judgments on the trial court verdict, the matter was laid before a single judge bench. While pronouncing the judgment on November 19, 2015, both the judges of the division bench upheld Banabihari's conviction. However, on the question of sentence, there was a difference of opinion. While one of the judges confirmed the death sentence, the other judge said appropriate punishment in the case was life imprisonment.

In such background, the matter was placed before a third judge, who on December 7, 2017, opined for commutation of death sentence to imprisonment for life. Subsequently, the matter was again placed before a two judge division bench for confirmation. The two judges discharged the death reference. "In view of the opinion expressed by a majority of two judges, this court disposes of the death reference and jail criminal appeal commuting the death sentence awarded to the convict, Banabihari Behera, to one of life imprisonment," the division bench of Justice Indrajit Mohanty and Justice Biswajit Mohanty ruled in its January 2 order.

"The award of sentence of fine of Rs 50,000 and in default in making payment of the same, the direction to undergo rigorous imprisonment for three years more, remains undisturbed," the order said. Earlier, while opining for commuting death sentence to life imprisonment, the singlejudge bench had said: "The appellant, a bachelor was by avocation a driver of the truck, having the members of the family needing his support and he has no such criminal track record to his credit." "The crime as committed does not appear to be premeditated which is again a mitigating factor," the single judge bench said in its order.

Source: https://www.telegraphindia.com/states/odisha/high-court-takes-killer-off-gallows/cid/1406206 (Accessed 24 December 2018)