Witchcraft Double Murder: Orissa High Court Issues Notice To Life Convicts Proposing To Impose Higher Punishment
Case: Basanta Dehury & Ors. v. State of Odisha
Coram: Justice Debabrata Dash and Justice Sashikanta Mishra
Case No.: JCRLA No. 37 of 2020
Court Observation: “…in exercise of the revisional power under section 397 read with section 401 of the Code of Criminal Procedure, we propose to issue notice to these accused persons to have their say on the adequacy of sentence and as to why they should not be visited with the sentence of higher degree.”
“When several persons, being armed, are going on with the spree of killing her unarmed parents before her eyes and other family members, it is not at all expected from this P.W.1 or other family members to raise alarm. Rather the normal reaction would be to be a silent spectator to this ghastly incident being completely aghast and shocked by said acts, which is totally unexpected and unthinkable on her part as if a horror film was being exhibited before her.”
“When this witness had not stated as to which accused was holding what weapon, that has rather been elicited during cross-examination and that fortifies the role of these accused persons. It appears that this witness at the earlier stage being not so descriptive has after some time on being so asked could not resist the temptation to tell all those happenings being truthful.”
“…in addressing the adequacy of sentence, when we again turn our attention to the obtained evidence as regards the way and manner in which the occurrence took place as well as all the circumstances as have emerged and the part played by these accused persons therein; we are not able to bring ourselves to a position to straight away take a view that the imposed sentence may be adequate.”
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Keywords
Witchcraft Double Murder
