The Hindu : Front Page : Dara Singh's death sentence set aside

Online edition of India's National Newspaper
Friday, May 20, 2005

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Dara Singh's death sentence set aside

Prafulla Das

But life term for Dara Singh upheld; 11 others acquitted

CUTTACK: The Orissa High Court on Thursday set aside the death penalty awarded to Dara Singh in the case of the killing of Australian missionary Graham Stuart Staines and his two minor sonsin Keonjhar district on the night of January 22, 1999.

A Division Bench, comprising Chief Justice Sujit Barman Roy and Justice Laxmikanta Mohapatra, however, upheld life imprisonment awarded by the trial court to Dara Singh and Mahendra Hembram, another accused.

It also set aside the trial court order of life imprisonment to 11 others "as the charges against them had not been proved beyond reasonable doubt insofar as their identification was concerned." The 11 appellants — 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 — should be set at liberty forthwith.

"Not individually liable"

"There is absolutely no evidence on record that due to 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 judges said. The courtroom was packed to capacity when the judgment was pronounced.

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 Indian Penal Code.

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.

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