Cuttack: The Orissa High Court has ordered fresh hearing on the sentencing of two convicts to assess the mitigating factors for not imposing the death penalty.
A division bench comprising Justices Sangam Kumar Sahoo and Sibo Sankar Mishra issued the directive on Wednesday in a case referred by the state government to confirm the death sentences awarded by the Athmallik additional sessions judge on September 27, 2024.
Prakash Behera and Nandakishor Sethy were convicted for the brutal killing of three members of a family, a husband, wife and three-year-old son, by slitting their throats at Gambharimaliha village under Kishore Nagar police limits in Angul district on October 9, 2017. The case was classified as ‘rarest of rare’ due to the gruesome nature of the crime.
However, the HC observed that the convicts were not given a chance to submit any material in support of the mitigating circumstances during, and in course of hearing on the question of sentence. The senior superintendent of Angul circle jail has been asked to compile detailed reports on their past lives, psychological conditions, and post-conviction behaviour, with input from probation officers, psychologists, jail doctors, and other officials.
The bench, however, 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 matter is scheduled for further hearing at 2 pm on June 2. The AGA has been instructed to ensure the convicts’ virtual appearance at the hearing.
