Other States - Orissa   

Death sentence set aside

CUTTACK: In a significant ruling, the Orissa High Court has negated a death conviction and ordered to set free a tribal person who was accused of killing his wife more than five years ago. Sunadhar Khila, 40, of Manikondom village in Malkangiri district was convicted for murder and awarded death sentence by the district additional sessions court in June last year.

But a bench of the High Court, comprising Justice L. Mohapatra and Justice B.P. Ray on Monday exonerated Sunadhar of murder charges and set aside the conviction order passed against him.

Directing the district court to release the tribal youth forthwith, the bench observed that there was no evidence against him and moreover, the witnesses examined in the case appeared to be very incoherent in their depositions.

According to the case inter alia, Sunadhar was arrested on August 22, 2002 on the charge of killing his wife Gurubari. The prosecution said the couple picked up a quarrel when Gurubari refused to cook food on the day and went to sleep. Enraged over this, Sunadhar reportedly beat her up following which Gurubari died after vomiting blood.

Holding trial of the case, the Malkangiri district additional sessions judge Sukumar Sahu convicted Sunadhar on June 23, 2007 under Section 302 of IPC.

The lower court had awarded death penalty to the convict that was later referred to the High Court last year for confirmation.

Sunadhar had also moved the HC in an appeal petition challenging his conviction and sentence.

The HC bench however, after perusing the lower court records said there was no direct evidence against the appellant to prove beyond doubt that he had actually killed his wife.

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