The Gallows Were Refused. Thirty-Five Years Were Not.
A trial court sentenced him to death and sent the file up for confirmation. The High Court refused to confirm it — and replaced it with a life sentence he cannot be considered for release from until he has served thirty-five years.
The Court declined to confirm the death sentence. Taking account of the convict's age at the time of the offence — 46, and about 50 now — it held that imprisonment for life with a cap of 35 years in custody before he is eligible to be considered for remission adequately meets the ends of justice. The conviction under Section 302 IPC and the sentence under Section 307 were confirmed; the convictions under Sections 326 and 324 were set aside. Time already served is set off against the 35 years.
- A death reference is not a formality. Under Section 366 CrPC the trial court's sentence has no effect until the High Court confirms it, and here it did not.
- Life with a minimum term is the middle path. The Court fixed 35 years before remission can even be considered, rather than choosing between death and ordinary life.
- Reasons must be recorded in writing before a death sentence is imposed; life is the rule and death the departure.
- The Court went past the sentence. It took up compensation for the two minor daughters and directed para-legal volunteers to visit them and report to the District Legal Services Authority every six months until they reach majority.
- Court
- High Court of Orissa at Cuttack
- Bench
- Justice MR. JUSTICE MANASH RANJAN PATHAK, Justice MR. JUSTICE SASHIKANTA MISHRA
- Citation
- DSREF No. 3 of 2024 with JCRLA No. 141 of 2024
- Case
- DSREF No. 3 of 2024 with JCRLA No. 141 of 2024
- Decided
- 25 August 2026
- Outcome
- Death reference answered; sentence commuted to life with a 35-year minimum; appeal partly allowed
How the case reached the High Court
The trial court convicted the accused of murder and sentenced him to death. Under Section 366 of the Code, it then submitted the record to the High Court for confirmation — a death sentence has no effect until the High Court confirms it. That reference was registered as DSREF No. 3 of 2024.
The condemned prisoner separately appealed against his conviction from jail. The two were heard together, and the Court appointed a Senior Counsel as amicus curiae to defend him.
Why the death sentence was not confirmed
The Court restated the rule it was applying: life imprisonment is the sentence for murder, and a court may depart from that and impose death only for special reasons, which must be recorded in writing before the sentence is passed. Every relevant circumstance has to be weighed.
It also examined whether the statutory mandate had been followed when the condemned prisoner was sentenced, including Section 235 of the Code, which governs how a judgment of conviction and sentence is delivered.
Taking the convict's age into account — 46 at the time of the offence, about 50 now — the Court held that life imprisonment with a cap of 35 years in custody before eligibility for remission would adequately meet the ends of justice. The period already undergone is set off against it.
What else the Court did
The conviction under Section 302 IPC and the judgment and sentence under Section 307 were confirmed. The convictions and sentences under Sections 326 and 324 were set aside.
Before parting, the Court turned to the victims. It took up the question of compensation for the two minor daughters, and directed that para-legal volunteers visit their residence to ensure they are not deprived of any fundamental requirement of life, speaking to the children themselves, with a report to the Chairman of the District Legal Services Authority every six months until the children attain majority.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can a High Court refuse to confirm a death sentence?
Yes. Under Section 366 CrPC the trial court must submit the record for confirmation, and the High Court decides afresh. Here it commuted the sentence to life.
What does a 35-year minimum mean?
The convict cannot be considered for remission until he has served 35 years in total, with time already served counting towards it.
Why not simply life imprisonment?
A fixed-term life sentence is the course courts take where death is excessive but ordinary life, with remission possible far earlier, is thought inadequate.
Appearing in a death reference
- Remember the sentence is not final until confirmed. The reference is a fresh hearing on sentence, not a review of the trial court's discretion.
- Check whether special reasons were recorded in writing before the death sentence was imposed, as the rule requires.
- Examine compliance with Section 235 on how the sentence was delivered — the Court looked at it here.
- Put the convict's age, at the offence and now, squarely on the record. It is what moved this Court to a minimum term rather than death.
- Raise victim compensation even where the sentence is the main issue; the Court took it up of its own motion.
Source. High Court of Orissa at Cuttack, DSREF No. 3 of 2024 with JCRLA No. 141 of 2024, decided 25 August 2026 by Justice MR. JUSTICE MANASH RANJAN PATHAK, Justice MR. JUSTICE SASHIKANTA MISHRA. This explainer is written from the judgment text as reported.
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