The Orissa High Court on Tuesday sent back a death penalty case to a lower court for rehearing the case afresh after detecting glare procedural anomalies in the conviction judgment. The case relates to the death penalty awarded by the Gunupur ADJ Court in Rayagada district to nine persons for murdering three members of a family for practising sorcery.
Jointly hearing the appeal petitions of the convicts and the death reference application of the lower court, a Division Bench comprising Justices SK Mishra and AK Mishra found that the accused persons have also been convicted under Sections 364 and 365 of IPC without charges being framed under any of these two sections.
The High Court in September this year had completed hearing in the matter after scrutinising the prosecution case afresh. The statements of the informant in the case and 11 other witnesses were also reexamined by the High Court after appointing advocate Ratikant Mohapatra as amicus curie to assist the court in this case.
In April last year, the lower court had awarded the death penalty to Dengun Sabar, Dasunta Sabar, Ajanta Sabar, Padanu Sabar, Dala Sabar, Malku Sabar, Bhubana Sabar, Lakia Sabar and Iru Sabar. All the nine persons belonging to Kitum village under the Putasingh police station were charged of killing Asin Sabar, his wife Ambai and their daughter Asimani on September 6, 2016.