Author: Prafulla Das
Publication: The Hindu
Date: May 20, 2005
URL: http://www.hindu.com/2005/05/20/stories/2005052016261200.htm
"There is absolutely no evidence
on record that due to the individual act of Dara Singh alone the
three or any of them died."
Setting aside the death penalty
given to Dara Singh in the case of killing of Australian missionary Graham
Staines and his two sons, the Orissa High Court on Thursday said: "There
is absolutely no evidence on record that due to the individual act of Dara
Singh alone the three or any of them died. No fatal injury to any of the
deceased has been attributed to Dara Singh. He cannot be held individually
liable though he can be held liable vicariously along with others."
The 11 appellants whose life imprisonment
was set aside are Dayanidhi Patra, Umakanta Bhoi, Kartik Lohar, Rabi Soren,
Mahadev Mohanta, Turam Ho, Renta Hembram, Ojen Hansda, Suratha Nayak, Harish
Chandra Mohanta and Rajat Kumar Das. The District and Sessions Judge of
Khurda, Mahendra Nath Patnaik, had separately awarded death sentence to
Dara Singh, while handing life imprisonment to him, along with 12 others,
under various Sections of the IPC. S.K. Padhi, counsel for Central Bureau
of Investigation, said the agency would decide on challenging the High
Court order in the Supreme Court. Counsel for Dara Singh said a decision
on challenging the order would be taken after consulting him.
Graham Staines, Phillip (11) and
Timothy (7) were burnt to death while they were asleep inside their station
wagon at Manoharpur village after attending a jungle camp, an annual gathering
of Christians for fellowship and teaching.
The trial court sentenced the accused
on September 22, 2003 after examining 55 prosecution witnesses and 25 defence
witnesses. The High Court, which conducted 10 hearings on the appeals filed
by 14 persons, reserved orders on October 6 last.
Dara Singh, lodged in the Baripada
Circle jail, is facing trial in three other murder cases.
-----------------------------------------------------
The Hindu, May 21, 2005 (not in
the online edition)
"High Court indicts CBI in Staines
case" by Prafulla Das
[The High Court made a scathing
indictment of the CBI investigation and said] "`such lapses on the
part of an elite investigating agency like the CBI cannot be excused'......Coming
down heavily on the Investigating Officer for adopting improper methods
to acquire evidence, the Judges observed that...`It was absolutely
unfair and unethical on the part of the overzealous CBI Investigating
Officers to adopt such unheard of methods to procure tainted evidence
to somehow procure convictions of the appellants,' the Court observed".
