Conviction under IPC Sections 324 and 326 Set Aside; State Ordered to Pay Enhanced Compensation to Victims
In a significant decision, the Orissa High Court has modified the death penalty imposed by a trial court on Sanjeet Dash @ Banku, convicted for the brutal murder of his wife and the attempted murder of his six-year-old daughter. The division bench, comprising Justices Manash Ranjan Pathak and Sashikanta Mishra, converted the death sentence into life imprisonment, mandating a cap of 35 years in custody before eligibility for remission.
The court upheld the conviction under Section 302 of the Indian Penal Code for the murder of Saraswati Dash, who suffered 49 stab wounds, and Section 307 for the attempted murder of his daughter. However, the convictions under Sections 324 and 326 were set aside, as they arose from the same transaction under Section 307 IPC.
The judgment emphasized the trial court's error in focusing on emotional and moral considerations rather than balancing aggravating and mitigating factors when imposing the death penalty. The High Court noted the absence of prior criminal conduct and the potential for reformation as factors that outweighed the crime's brutality.
Furthermore, the court directed the State to compensate the two minor child victims with Rs. 10 lakhs each, in addition to the Rs. 5 lakhs already awarded by the District Legal Services Authority. The compensation is to be kept in a fixed deposit until the children attain majority, with regular monitoring by the DLSA.
The court's decision reflects a nuanced approach to sentencing, balancing the severity of the crime with the prospects for rehabilitation.
Bottom Line:
Death penalty imposed by trial court for murder of wife and attempted murder of daughter modified to life imprisonment with a cap of 35 years in custody before remission eligibility. Conviction under IPC Sections 324 and 326 set aside. Compensation of Rs. 10 lakhs each directed for child victims.
Statutory provision(s): Indian Penal Code Sections 302, 307, 324, 326; Criminal Procedure Code Section 235(2).
State of Odisha v. Sanjeet Dash @ Banku, (Orissa)(DB) : Law Finder Doc id # 2967584
