STATE OF ORISSA Vs. BANABIHARI BEHERA

JUDGEMENT

(1.) Both the above noted reference as well as the appeal arise out of judgment dated 27/28.8.2014 passed by the learned Additional Sessions Judge, Jajpur in C.T. Case No. 315 of 2013. While pronouncing the judgment on 19.11.2015 though both the Hon'ble Judges constituting the Division Bench, upheld the conviction of Banabihari Behera @ Haria, however, on the question of sentence, there was a cleavage of opinion between them. While one of the Hon'ble Judges confirmed the sentence of death, the other Hon'ble Judge opined that appropriate punishment in this case is life imprisonment. In such background, the matter was placed before a Third Hon'ble Judge of this Court. Perusal of record shows that the Third Hon'ble Judge vide judgment dated 07.12.2017 has opined for commutation of death sentence to imprisonment for life.

(2.) In such background and in view of the opinion expressed by a majority of two Hon'ble Judges, this Court disposes of the above noted death reference and Jail Criminal Appeal commuting the death sentence awarded to the convict Banabihari Behera @ Haria to one of life imprisonment. The award of sentence of fine of Rs.50, 000/- (Rupees fifty thousand) and in default in making payment of the same, the direction to undergo the rigorous imprisonment for three years more, remains undisturbed. Accordingly the death reference is discharged and the Jail Criminal Appeal is partly allowed.