CUTTACK: The Orissa High Court has dismissed a criminal appeal filed 30 years ago against a trial court order of conviction of three accused in a dacoity case.
The dacoity occurred at Nuasalapada village under Kamakhyanagar police station limits in Dhenkanal district on June 16, 1988. Three persons - Dilip Dash, Sashibhusan Chhotray and Tankadhar Sahu were arrested in connection with it on February 3, 1989. All three were named accused in the case and chargesheet was filed on April 25, 1989.
The court of Sessions Judge, Dhenkanal-Angul passed the judgment of conviction of all three in 1993. Initially, the criminal appeal was filed by all three convicts in the same year. Then as Dilip and Sashibhusan expired during pendency of the criminal appeal their appeal was ordered abated on October 31, 2022. Therefore, the appeal at the time of judgment was confined to Tankadhar who was sentenced to five years imprisonment by the trial court.
While dismissing the appeal on March 28, Justice Chittaranjan Dash held the upheld the trial court order and said the appellant was rightfully convicted for the crime.
Justice Dash also observed, “As regards to the sentence of imprisonment imposed upon the Appellant the facts necessary to consider is that the incident is of more than thirty years old and the appellant has undergone custody for more than 7 years. Further, during the last thirty years, when the appeal was pending, the appellant was all throughout on bail.”
“Keeping in view the above circumstances, it would be proper and reasonable if the Appellant is sentenced to the period already undergone. Hence, while confirming the order of conviction, the period of sentence is modified as awarded to Appellant by the trial court to the period of imprisonment already undergone,” Justice Dash ordered.