Orissa High Court Dismisses Death Row Convict's Plea on Unfair Trial in Wife's Murder
The Orissa High Court has firmly rejected a death row convict's objections concerning the fairness of his trial in the murder case of his wife. The court held that no prejudice was caused to him during the proceedings, clearing the way for the case to be heard on its merits.
Bench Order and Upcoming Hearing
A two-judge bench comprising Justices Manash Ranjan Pathak and Sashikanta Mishra issued this order on Thursday while considering the reference for confirmation of the death sentence awarded to Sanjeet Dash, aged 35. The bench directed that the matter will now be heard on merits on February 26, 2024.
Background of the Case
On August 1, 2024, the court of the second additional sessions judge in Bhubaneswar sentenced Dash to death for the murder of his wife. The crime occurred on June 9, 2022, at their residence in Ghatikia under the jurisdiction of the Bharatpur police station. While the state government has submitted the death sentence for confirmation, Dash has also filed a jail criminal appeal challenging the verdict.
Court's Detailed Examination
The bench clarified that it first addressed the accused's objection regarding the conduct of the trial as a preliminary point, given its fundamental importance. In their order, the judges emphasized, "We have carefully considered the rival contentions noted above and have also perused the lower court record in its entirety, being fully conscious that the accused before us is facing the death penalty."
They further noted, "Undoubtedly, Article 21 of the Constitution which guarantees right to life and liberty provides that no person shall be deprived of life and liberty except according to procedure established by law."
Dismissal of Unfair Trial Plea
Dismissing the plea of unfair trial raised by amicus curiae S C Mohapatra, the court concluded, "Thus, from a conspectus of the analysis of facts, law, the contentions raised and the discussions made herein above, we are of the considered view that the trial was conducted in a fair and proper manner and that no prejudice whatsoever was caused to the accused at any stage."
This ruling underscores the judiciary's commitment to ensuring procedural fairness even in capital punishment cases, while upholding the integrity of the legal process.
