Judgement Report of Rabindra Ku. Pal alias Dara Singh

S.T. Case No 161/99 and S.T. 53/2000
Republic of India …………complainant
Vs
Rabindra Ku. Pal alias Dara Singh
And 13 others accused persons

HEARING ON THE QUESTION OF SENTENCE ON 22.9.2003

Heard the learned defence counsels, learned state Defence Counsel and the learned senior P.P.,C.B.I, on the question of sentence.

The learned defence counsels sri Mohanty and Acharya and the learned
S.D.C Sri Patnaik have argued that octogenerian father of convict dara singh is taking treatment in a hospital and rest convicts are poor tribals and minimum sentence prescribed under law may be awarded.

The learned senior P.P.,C.B.I. has argued that the convicts have committed gruesome and diabolic crime by burning alive Staines and his two minor sons .This is one of the rarest of rate cases and survival of an orderly society demands imposition of capital punishment.

The principals with regard to awarding punishment of death are now well settled by judgements of Supreme court in Bachan Singh,V.State of Punjab(A.I.R. 1980 Supreme Court 898),Machhi Singh,V.State of Punjab((1983) 3 S.C.C.- 470) and Kehar Singh,V.State(Delhi Administration)((1983) 3 S.C.c.-609). Briefly stated , the principles are ;that on conviction under Sec.302 I.P.C. the normal rule is to award punishment of life imprisonment and that the punishment of death should be reserved only for the rarest of rare cases .Whether a case falls within “rarest of rare “ cases has to be examined with reference to the facts and circumstance of each case .The court has to take note of theaggrevating as well as the mitigating circumstances and conclude whether there was something uncommon about the crime which renders the sentence of imprisonment for life inadequate and calls for a death sentence.

The Court is also expected to consider whether the circumstances of the crime are such that there is no alternative but to impose death sentence after according maximum weightage to the mitigating circumstances which speak in favour of the offender.

In the case of Machhi singh, V. State of punjab , the Apec court observed that in rarest of rate cases when the collective conscience of the community is so shocked that it will expect the holders of the judicial power center to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty,death sentence can be awarded.The community may entertain such a sentiment in the following circumstances :

I. When the murder is commited in an extremely brutal,grotesque,diabolical,revolting or dastardly manner so as to arouse intenseand extreme indignation of the community.
II. When the murder is committed for a motive which evinces total depravity and meanness.
III. When murder of a member of a Scheduled Caste or minority community etc. is committed not for personal reasons but in circumstances which arous social wrath.
IV. When the crime is enormous in proportion.
V. When the victim of murder is (a) an innocent child who could not have or has not provided even an excuse ,much less a provocation ,for murder, (b) a helpless woman or a person rendered helpless by old age or infirmity , (c) when the victim is a person vis-à-vis whom the murder is in a position of domination or trust,or (d) when the victim is a public figure generally loved and respected by the community for the services rendered by him and the murder is committed for political or similar reasons other than personal reasons.

In the present case Staines and his two minor sons were burnt to death while they were sleeping inside a station wagon at Manoharpur out of religious bigotry. A criminal has no religion. What sin the two small boys had committed? Jonathan Swift was prophetic while staying, “we have just enough religion to make us hate each other, and not enough religion to make us love each other”. The Manoharpur massacre speaks loudly that humanity is not yet fully civilized.

Convict Dare Singh is the prima Donna of the offence. Like knight errant of crime he formed a militant group of local tribals to physical liquidate staines on the belief that with staines the spread of Christianity will be buried in the area. Rest of the convicts who are gullible tribals, blindly followed him. By burning two innocent small boys along with their father while they were a sleep. Convict Dare Singh has added a new chapter to the Rhyme Book of children which may read like this :
“ I met murder on the way.
It had a mask like Dara Singh.”

The factual scenario shows how gruesome and macabre the crime was. Even after drawing a balance sheet of aggravating and mitigating circumstances, the case falls within the rarest of rare cases. Convict Dara Singh as the ambassador of death deserves death whereas rest convicts being gullible Adibasis deserve justice tempered with mercy.
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, I sentence each of the convict to imprisonment for life under Section 120-B I.P.C., imprisonment for three years under Sec.148 I.P.C.,

Imprisonment for seven year under Sec.435 read with S.149 I.P.C., imprisonment for life U/S.436 read with s.149 I.P.C. and imprisonment for life under sec.302 read with S.149 I.P.C . Sentences shall run concurrently. I sentence convict Rabindra Kumar Pal alias Dara Singh to death u/s.302 I.P.C ,for which he was separately charged and direct he be hanged by the neck till he is dead. The death sentence shall not be executed unless it is confirmed by the Hon’ble high court of Orissa. The proceeding (Case record ) be submitted to the Hon’ble High court for confirmation of death sentence.
There shall be no order regarding disposal of material objects (M.Os.I to XXX) as absconders are still at large.
Secularism is now well settled to be part of basic structure of the constitution. India is known for its religious tolerance. The Orissa Fredom of Religion Act,1967 prohibits conversion from one religion to another by use of force, or inducement or by fraudulent means. Rules U/S.7 of this Act were notified on 29.11.1989. Act and Rules contained a statutory provision prohibiting conversion from one religion to another by ues of force, or inducement or by any fraudulent means. Even any such abatement of convertion has been made an offence. If these provisions of law are strictly followed, no one can have any grievance to content that the gullible and innocent tribals are being converted.
Before finally departing from the case, I want to put into the record the remissness of the initial I.O., S.I. Jayanta Kumar Mohapatra (p.w.52), O.I.C.Anandapur police station two derailed the investigation by doctoring the F.I.R., arrested 51 innocent persons and other acts and omissions and commissions as described in paragraph 15,16,17 and 18 of the judgment. A copy of this judgment be sent to the D.G.P., Orissa for disciplining him.

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