State of Odisha vs Nabin Dehury

Headnote AI-drafted · Reviewed and approved

The Additional Sessions Judge, Kuchinda convicted appellant Nabin Dehury and his son Hemananda Dehury under section 302/34 of the Indian Penal Code for the triple murder of Giridhari Sahu, Pirobati Behera and Sabitri Sahu committed on 21.10.2020 at village Lapada under Mahulpali police station. The trial court sentenced Nabin Dehury to death and Hemananda Dehury to imprisonment for life along with a fine of Rs.1,00,000/- each, in default further rigorous imprisonment for one year. A death sentence reference under section 366 Cr.P.C. was submitted to the High Court for confirmation, while both the condemned prisoner and the co-accused filed criminal appeals challenging the conviction and sentence.

The High Court heard the death sentence reference (DSREF No.01 of 2023), the jail criminal appeal by Nabin Dehury (JCRLA No.118 of 2023) and the criminal appeal by Hemananda Dehury (CRLA No.693 of 2024) analogously as all three proceedings arose out of the same judgment. The prosecution case rested on the eyewitness account of P.W.1, the recoveries of the weapon of offence (tangia) pursuant to a disclosure statement under section 27 of the Evidence Act, forensic evidence from DFSL Sambalpur and medical evidence from post-mortem examination of the three deceased.

The Orissa High Court disposed of all three matters by a common judgment, examining the legality and propriety of the conviction and the appropriateness of the death sentence awarded to Nabin Dehury and the life sentence awarded to Hemananda Dehury in the context of the triple murder committed with a tangia in broad daylight.

Catchwords: death sentence reference · confirmation of death sentence · triple murder · tangia · section 302/34 IPC · common intention · eyewitness testimony · disclosure statement · recovery of weapon · section 27 Evidence Act · DFSL forensic report · post-mortem evidence · life imprisonment · amicus curiae · Orissa High Court