DULESWAR BARIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) By the Bench "To deprive a man of his natural liberty and to deny to him the ordinary amenities of life is worse than starving the body; it is starvation of soul, the dweller in the body". -Mahatma Gandhi

(2.) The man was crying for liberty since last seven years. He was putting questions to God, "What fault have I further committed that I am confined within four corners of the ward of the jail even after order of acquittal passed by the highest Court of the State? I have been exonerated of the death sentence but I am dying here inside jail every moment. Give me freeness of life. Give this only son of his aged parents opportunity to spend some time with them in their last days."

(3.) Having faced trial in the Court of Adhoc Addl. District and Sessions Judge, Sundargarh in S.T. Case No.179/74 of 2003 for offence punishable under section 302 Indian Penal Code for committing murder of six persons namely Kalakara Barik, Sabitri Barik, Basanta Barik, Srikar Rout, Swadin Rout and Ketaki Barsatia on the fateful day of 8th January 2003, the petitioner was found guilty by the learned trial Court under section 302 I.P.C. vide judgment and order dated 21.7.2004 and accordingly convicted of such offence and sentenced to be hanged till his death. He preferred an appeal against the said judgment and order of conviction before this Court which was registered as JCRLA No.80 of 2004. The learned trial Court also submitted the proceedings to this Court for confirmation of the sentence under the provisions of section 366 Cr.P.C. and accordingly DSREF No.3 of 2004 was registered.