Cuttack, Jan 10

Orissa High Court Monday affirmed a lower court judgment in which Dara Singh alias Rabindra Kumar Pal was convicted for the murder of a garment shop owner Sk Rehman at Padiabeda weekly market in Mayurbhanj district on August 26, 1999.

A division bench of Chief Justice S Muralidhar and Justice BP Routray rejected the appeals of Dara Singh, who had alleged botched up investigation, hostile witnesses, lack of motive behind the murder, and also non-examination of the weapon of offense by the prosecution and affirmed the sentence awarded to him.

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 (Dara Singh). The sentence awarded to the appellant is hereby affirmed, the nine-page judgment said.

The bench also rejected the submission of Dara Singh that he has already undergone more than 21 years inside jail (for the murder of Australian Christian missionary Graham Steuart Staines and two minor sons Phillip and Timothy) and considering his long custody the punishment may be modified.

There is no merit in such 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 defenseless, there is no case made out for any leniency as far as the sentence is concerned,” the HC ruled.