File photo of gangster Raja Acharya on his way to court with police escort

Cuttack, Jan. 15: Gangster Sandeep Acharya alias Raja has challenged in Orissa High Court the life sentence given to him after being convicted for killing judo coach Biranchi Das, saying his conviction “is erroneous both in fact and in law”.

Raja’s counsel Debasnan Das filed an appeal against his conviction on Wednesday, contending that after thorough examination of the trial court’s judgment, it has become clear “no real motive was proved against him” and he was “mechanically convicted solely on the basis of suspicion”.

“Evidence of eyewitnesses, including the informant (wife of the deceased), which form the basis of the judgment, is full of contradiction,” Das said in the petition challenging the December 17, 2010 order of Fast Track Court (Bhubaneswar) – III judge Bibekananda Das.

The criminal appeal petition further said: “Trial court has convicted him solely based on emotions and sentiments without appreciating the evidence from its true and legal perspective for which the same requires interference by the high court.”

“None of the witnesses actually witnessed that the accused (Raja Acharya) had fired at the deceased (Biranchi Das) resulting in his death. But the trial court had not considered such facts in any manner,” the petition said.

“Each of the four eyewitnesses described the alleged occurrence so also use of helmets by the culprits in different manner. The trial court should have disbelieved their evidence on that score alone,” the criminal appeal contends.

Raja was convicted and sentenced to life along with Akhaya Behera alias Chagala in the Biranch Das murder case.

The fast track court judge held the duo guilty under Sections 302 / 34 (murder and common intention) of Indian Penal Code (IPC), describing the crime as “heinous and cruel”.

The criminal appeal petition said: “Bare reading of the contents of the FIR makes it crystal clear that whatever the informant (wife of the deceased) stated before police under Section 161 of CrPC and before the court while giving evidence was not stated in the FIR.” “The trial court should have discarded her evidence in view of the material omission”, as it is a settled position of law that, “omission of important facts affecting the probability of the case is relevant under Section 11 of the Evidence Act in judging the veracity of the prosecution case,” the petition contends, alleging, “she had changed her testimony to suit the story of the prosecution.”

BIRANCHI CASE IN FOR ANOTHER COURT BATTLE

■ April 13, 2008: Judo coach, Biranchi Das was killed

■ April 22, 2008: Chagala, a criminal from Cuttack, dramatically appeared in the office of a private TV channel in Bhopal and made a public confession of having killed Biranchi Das

■ May 5, 2008: Gangster Raja Acharya, the main accused in murder case, surrendered before police at Panaji in Goa

■ August 1, 2009: Charges framed against Raja Acharya and his accomplice, Chagala

■ September, 2009:Trial began

■ November 21, 2010:Trial came to an end

■ December 13, 2010: A fast track court in Bhubaneswar convicted Raja and Chagala for killing Biranchi Das

■ December 17, 2010: The court sentenced life imprisonment to Raja and Chagala