LAW MAKER WHO VIOLATES LAW IS EITHER IN BJD OR IN BJP

OM Bureau

Bhubaneswar:

Look at any member of Orissa Legislative Assembly who violates Law, you may easily find him in either of the two Parties in power, Biju Janata Dal (BJD) and Bharatiya Janata Party (BJP).

Police has formed four squads to nab the absconding MLA of Kamakshyanagar, Prafulla Mallick, who belong to BJD. He had severely beaten up the Inspecter-in-Charge of Police, last week, in the police station itself, after storming into it with about 50 fellow goons.

On May 18, only four days after the Kamakshyanagar incident, MLA of Binika, Niranjan Pujari, who belong also to BJD, has attacked and injured an old couple, Sundar Pujari (80) and his wife Mrs. Satyabhama Pujari (70) and also their grand son Kalinga Pujari (21) after trespassing into their residential house with a pack of rowdy followers. The cause of provocation was Kalingas failure in paying proper respect to the MLAs pet person Ananta Narayan Pujari.

MLA of Junagarh, Himansu Meher, who belonged to BJP, staged an acrimonious demonstration last week before Junagarh Police Station in protest against arrest of two of his supporters namely Pramod Nimulia and Bijay Panda from his residence at Bhubaneswar, where they were hiding to escape police action. They, along with another absconder Rabindra Nayak, had dragged down the B. D. O. of Kalampur, Rudraprasanna Sahu, to the BJP Office at Junagarh, and thrashed him there mercilessly in presence of Mr. Meher on April 28. The BDO having filed F.I.R. seeking police action, they had escaped to Bhubaneswar where, while enjoying hospitality of Meher, they were trying to obtain anticipatory bell from the High Court.

Finance Minister Prafulla Ghadei, who belongs to BJD, admits that he is in a quagmire. An under-age tribal boy who was working as a pageboy in Ghadeis Bhubaneswar residence, is not traceable for several months. His father is apprehensive when many others suspect that the poor child has been sacrificed in tantric rites performed by Ghadei, whom people of the locality look askance, linking him to the ill famed shenanigans in the temple of Goddess Viraja. Police, however, is in search of the boy. If it fails to locate him, no one can say, how Ghadei would escape the blame.
What next!

NO DEATH SENTENCE ON SPECULATIVE EVIDENCE: ORISSA HIGH COURT

OM Bureau

Cuttack:

There is absolutely no evidence on record that due to individual act of Dara alone, the three deceased persons or any of them died. Thus saying, the Orissa High Court set aside on May 19 the death sentence awarded to Rabindra Kumar Pal alias Dara Singh by the trial court and commuted it to life imprisonment in the triple murder case instituted on alleged murder of Christian missionary from Australia Graham Stuart Staines and his two sons Philip and Timothy in the night of January 22, 1999 at Manoharpur of Keonjhar, Orissa.

Holding that Dara Singh as the ambassador of death deserves death, the Trial Court had sentenced him to death u/s.302 I.P.C, for which he was separately charged and directed that he be hanged by the neck till he is dead.

Besides Dara Singh, there were 12 other convicts facing prosecution over the triple murder. But, they being gullible Adivasis, the Judge had declared that they deserve justice tempered with mercy and therefore had awarded them with punishment of imprisonment only.

In total disapproval of this award, the High Court observed that, Evidence against the accused including Dara being of identical nature, they are all equally responsible for the triple murder. No justification is available from the evidence on record to single out Dara Singh for convicting him under section 302 of IPC

Considering the various rulings of the Supreme Court and the facts and circumstances of the case in which the crime was committed and part played by the convicts, the Trial judge had said, I sentence each of the convict to imprisonment for life under Section 120(B), I.P.C. Setting aside this sentence, the High Court Bench comprising Chief Justice Sujit Barman Roy and Justice Laxmikanta Mohapatra pronounced, We are sorry to say that the nature of evidence is absolutely weak and on the basis of such speculative evidence, it is not possible to hold any of the accused guilty for criminal conspiracy under section 120(B) of Indian Penal Code. Therefore, the conviction and sentences of the appellants under section 120(B) IPC cannot be sustained and must be quashed.

Delivering the 110 page judgment in a packed courtroom, the bench acquitted Dayanidhi Patra, Umakanta Bhoi, Kartik Lohar, Rabi Soren, Mahadev Mahanta, Thuram Ho, Renta hembram, Suresh hansda, Surath Nayak, Harischandra Mahanta and Rajat Kumar Das. However, life imprisonment sentenced to Mahendra hembram was upheld on basis of his confession. Dara Singh, in whose respect the Court observed that he cannot be held individually liable for the triple murder, was adjudged liable vicariously along with others by invoking section 149 of IPC. But, the Court announced, We cannot accept the investigation to be an impartial one. Justifying this observation, the Court specifically referred to confessional statement of one Umakanta Bhoi, convicted by the Trial Court. There are circumstances, the Court pointed out, to show that confessional statements of Umakanta Bhoi must have been secured by coercion, duress and threat.

Death sentence, though, thus commuted to life imprisonment, Dara Singh has told the media that he shall prefer an appeal in the Supreme Court seeking acquittal as well as a judicial determination that he had not committed the crime.