Cuttack: The Orissa high court has rejected a death row convict’s objections regarding the fairness of his trial in his wife’s murder case, holding that no prejudice was caused to him during the proceedings. The matter will now be heard on merits on Feb 26.A two-judge bench of Justices Manash Ranjan Pathak and Sashikanta Mishra passed the order on Thursday while considering the reference for confirmation of the death sentence awarded to Sanjeet Dash (35).
On August 1, 2024, the court of the second additional sessions judge, Bhubaneswar had sentenced Dash to death for murdering his wife in their house in Ghatikia under Bharatpur police station limits on June 9, 2022. While the death sentence has been submitted by the state govt for confirmation, the convict has also filed a jail criminal appeal challenging the verdict.The bench clarified that it first examined the accused’s objection regarding the conduct of the trial. “This order arises out of the objection raised by the accused-appellant on the question of fair trial. Since this issue goes to the root of the matter, it was heard as a preliminary point,” the court said.Emphasising the gravity of the case, the judges observed, “We have carefully considered the rival contentions noted above and have also perused the lower court record in its entirety, being fully conscious that the accused before us is facing the death penalty. Undoubtedly, Article 21 of the Constitution which guarantees right to life and liberty provides that no person shall be deprived of life and liberty except according to procedure established by law.”Dismissing the plea of unfair trial raised by amicus curiae S C Mohapatra, the court concluded, “Thus, from a conspectus of the analysis of facts, law, the contentions raised and the discussions made herein above, we are of the considered view that the trial was conducted in a fair and proper manner and that no prejudice whatsoever was caused to the accused at any stage.”“The preliminary point being answered as above, list this matter for hearing on merits on February 26,” the bench directed.
