STATE OF ORISSA Vs. DULESWAR BARIK

JUDGEMENT

(1.) UPON conviction of the accused Duleswar Barik in S. T. Case No. 179/ 74 of 2003 by the judgment dated 21-7-2004 under Section 302, IPC and sentencing the said accused to be hanged by neck till his death by the learned Ad hoc Addl. District and sessions Judge, Sundergarh, the death reference being DSREF No. 3 of 2004 has been made to this Court under Section 366 of the code of Criminal Procedure. The accused duleswar Barik has also preferred an appeal against the said order of conviction and sentence being JCRLA No. 80 of 2004. As, both, the death reference as well as the appeal relate to one Sessions Trial, the same are disposed of by this common judgment.

(2.) BY order dated 28-9-2004 passed in the Jail Criminal Appeal being JCRLA No. 80 of 2004, Mr. Goutam Mishra, an advocate of this Court, on the request of the court, agreed to conduct the case on behalf of the convict-appellant, and, thereupon, he was appointed to conduct the case on behalf of the appellant in the appeal as well as the death reference, at the cost of the State on the scale fixed to which the Public Prosecutor in the High Court is entitled to.

(3.) AT the outset, we must appreciate the sincere efforts of Mr. Goutam Mishra, learned counsel for the accused, in assisting this Court for disposal of the above cases and the erudite manner of his submission made before us. Even though serious allegations have been made by the prosecution that the accused committed murder of six persons, namely, Sabitri Barik, Basanta Barik, Srikar rout, Sadhini Rout, Ketaki Barsatia and kalakar Barik, on the fateful day on 8th january, 2003, Mr. Mishra, learned counsel made an effort to convince this Court that the accused is entitled to an order of acquittal and did not prefer to advance any argument on the question of sentence.