Orissa HC acquits murder accused after 34 years

CUTTACK: The Orissa High Court has expressed hope that the changes being made in criminal justice delivery system for quicker disposal of cases will bring a better result in future, while acquitting two persons and setting aside their conviction in a murder case by a trial court 34 years ago. 

The murder had occurred on February 18, 1986 during a clash over sharing of a jamun tree at Dighi under Kamakhyanagar police limits in Dhenkanal district.

The Court of Sessions Judge, Dhenkanal had convicted Nityananda Behera and Madhaba Behera in the case on July 21, 1988. The trial court had sentenced Nityananda to three years RI and Madhaba was sentenced to six months of rigorous imprisonment under section 324 of IPC. Both preferred a criminal appeal in HC  on August 5, 1988. On August 26, 1988, the HC admitted the appeal and directed for release of both of them on bail.While acquitting them on Tuesday, Justice SK Sahoo said, “In view of the glaring inconsistencies in evidence of the prosecution witnesses and when the case as was projected by the appellants appears to be more probable, I am of the humble view that it is a fit case where benefit of doubt should be extended in favour of the appellants.”