The Orissa High Court in the case of Dara Singh v/s State of Orissa dismissed Dara Singh’s plea to reduce sentence in Murder Case and ruled that brutality on unarmed and defenceless man deserves no leniency.
The prosecution case is that, on 26th August, 1999 at about 4.30 p.m. at Padiabeda weekly market, accused-Chema Ho and Dipu Behera along with some others came to the garment shop of the deceased and demanded ‘Chanda’. The deceased refused to pay. This resulted in a loud altercation of words and shouting. All of sudden, the Appellant emerged from Durga-Mandap side of the weekly market raising an axe and approached towards the deceased. Seeing the appellant deceased started running out of panic. The Appellant chased him to a distance and dealt a blow by the axe on his back side. Suddenly a feel of terror spread in the weekly market and the crowd present there started running helter-skelter in panic. As the deceased fell down, the Appellant dealt further blows on him. Other accused persons also dealt blows. They dragged the deceased back to his shop, torched his body pouring kerosene, looted the shop and fled away.
The Appellant contended that the weapon of offence having not been examined by the forensic expert or by the autopsy doctor, reasonable doubt appears in the involvement of the Appellant in the cause of assault.
The Appellant further contended that the burn injuries seen on the dead body had not been explained by the prosecution.
The division bench of the Chief Justice Dr. S. Muralidhar and Justice B.P. Routray noted that this is a case where the direct eye-witnesses have seen the Appellant in 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.
The court while dismissing the appeal held that there are no extenuating circumstances in favor of the Appellant and the sentence is affirmed.