'Brutal Attack On A Defenceless Man, No Case For Leniency': Orissa High Court Dismisses Dara Singh's Plea For Reduced Sentence In Murder Case

The Orissa High Court on Monday dismissed a petition moved by Dara Singh alias Rabindra Pal Singh seeking modification of his life imprisonment in a case pertaining to the murder of a Muslim trader in Mayurbhanj district in the year 1999. 

A Bench comprising Chief Justice S. Muralidhar and Justice B.P. Routray observed while dismissing the appeal, 

"It is further submitted that in the meantime the Appellant has already undergone more than 21 years inside the jail custody and considering his long custody, the punishment may be modified to such period undergone. There is no merit in the said submission. Keeping in view the nature of assault, the brutality associated therewith and the circumstances of the crime where no prior enmity existed, and the victim was unarmed and defenceless, there is no case made out for any leniency as far as the sentence is concerned."

On August 26, 1999, Dara Singh had attacked Seikh Rahaman, a garment trader with an axe as the latter had refused to pay him 'Chanda' (subscription'). The victim had later been dragged back to his shop where his body had been torched by pouring kerosene by Singh and other accomplices. They had later looted the shop and fled away.  

The Sessions Judge, Mayurbhanj, Baripada upon completion of the trial had acquitted all other accused persons except Dara Singh, who was convicted and sentenced to life imprisonment for commission of the offence of murder. Against this order, the instant appeal had been filed seeking reduction in the sentence imposed. 

The appellant had argued before the Court that there had been a delay of three days in sending the FIR to the Court. Further, it was argued that the motive of the crime is not established. However, dismissing such concerns, the Court held that these lacunae are inconsequential in a case of direct evidence which hinges on the credible testimonies of eye-witnesses.

"Once their evidence is shown by the prosecution to be consistent, trustworthy and without material discrepancies, such minor irregularity with regard to the delay in sending the FIR to the court hardly dilutes the credibility of the prosecution version. The Appellant is not correct in his submission regarding absence of a motive", the Court recorded in its order. 

Furthermore, the Court also dismissed the contention of the appellant that there had been no examination of the weapons by experts. The Court in this regard stated that since in the instant case direct eye-witnesses had seen the appellant causing the assault, the non-examination of those weapons by the expert is inconsequential particularly keeping in view the nature of injuries and the nature of weapons. 

Accordingly, the Court dismissed the appeal by observing, 

"As such, taking note of the prosecution case and considering the evidence adduced in its entirety, we do not find any extenuating circumstances in favor of the Appellant. The sentence awarded to the appellant is hereby affirmed."

Dara Singh is also undergoing life imprisonment for the murder of Australian missionary Graham Staines and his two minor sons. On January 22, 1999, Dara Singh had led a mob that had set ablaze a station wagon in which Graham Staines and his minor sons had been sleeping. All three were charred to death and the gruesome crime had evoked strong criticism from India and abroad.

Case Title: Dara Singh @ Rabindra Kumar Pal v. State of Orissa 

Case Citation: 2022 LiveLaw (Ori) 2

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