PRAFULLA JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants have challenged the judgment dated 5-9-1996 passed by Shri L.K. Mishra. Additional Sessions Judge. Bhadrak in Sessions Trial No. 27/171 at 1995 convicting them under Sections 395/457, I.P.C. and sentencing each of them to undergo rigorous imprisonment for seven years on each count and directing the sentences to run concurrently. The appellants have been acquitted of the charge under Section 9(B) of the Indian Explosives Act.

(2.) Prosecution case runs as follows: The informant (P.W. 1) and his family members had slept in their house in village Bishnupur Bindha under Bhadrak Rural Police Station in the District of Bhadrak in the night of 7-121974 in different rooms. Though the entrance doors of the house were closed from inside the door of the bedroom of the informant had been kept open. At about 1.30 a.m. to 2 a.m. in the said night (8- 12-1974) the informant and his family members woke up hearing some hulla and violent knocking at the doors. Apprehending that some miscreants were knocking at the doors they tried in vain to prevent the entry of the miscreants into the house who forced open the doors and entered inside the house. It is alleged that the miscreants pointed a Bhujali at the eldest son (P.W.13) of the informant pointed a knife at the informant and threatened them not to raise hulla. The informant dealt blows by means of a Pitha Khadika on two of the miscreants as a result of which they fell down. It is alleged that the miscreants injured the informant and other family members of the house arid snatched away gold and silver ornaments from the female inmates of the house as also cash of Rs. 1.000.00. It is also alleged that when the informant fled away from the house out of fear for his life the miscreants chased him and exploded a bomb and one of them dealt a blow by means of a Bhujali on the right side of the forehead of the informant resulting in bleeding injury. The miscreants had put on black halfpants and black banions and had covered their heads with monkey caps and towels but since they were cussing torch lights at the time of commission of the crime, the inmates of the house could see their faces. The miscreants also assaulted three of the neighbours of the informant who had rushed to the house of the informant for help. After commission of the crime the miscreants decamped with the booty. The informant and the other injured person then went to Bhadrak Sub-divisional Hospital on the same night for their treatment. The Medical Officer (P.W.6) who treated the injured persons sent a Memo to the Officerincharge, Bhadrak (R) P.S. (P.W.16) intimating him about the dacoity and P.W. 16 reached the hospital in the morning of 8-12-1994. The informant orally reported the occurrence which was reduced to writing as per Ext. 1 and treated as F.I.R. by P.W. 16 who took up investigation. He sent the F.I.R. to the police station for registration of the case and during investigation examined witnesses. P.W. 15, the S.I. of the said police station registered the case and being directed by P.W.16, issued requisitions for medical examination of the injured persons, conducted search of the houses of some of the accused persons arrested some of them and recovered some of the stolen ornaments from them P.W. 16 visited the spot, examined some other witnesses, seized some articles from the house of the informant and some articles from outside the house of the informant including two empty liquor bottles two pairs of shoes left by the culprits one yellow colour half burnt plastic bag one red colour half burnt monkey cap, some half burnt jute threads with smell of gun powder and a portion of broken tin Diba. He arrested appellant No. 5 Tikili alias Goutam Jena receiving information that he had been injured and sent him for medical examination P.W. 15 produced six of the accused persons with stolen property recovered from them. These six accused persons were forwarded to Court with appellant No.5 in custody. The houses of two accused persons were raided and they were arrested. Some stolen ornaments were recovered from two of the, accused persons and the house of another accused was also raided and some stolen ornaments were recovered. On 12-12-1994 P.W. 16 prayed before the S.D.M. Bhadrak to hold test identification parade with regard to five accused persons and the seized properties and being directed by the S.D.J.M. the J.M.F.C. of Bhadrak (P.W.17) conducted the T.I. Parade on 19-12-1994 at the Bhadrak Special Jail with respect to the suspects and in-his Court with respect to the seized ornaments. In the T.I. Parade the witnesses identified seven suspects and could also identify the seized ornaments. On 25-2-1995 P.W.16 sent the remnant of the exploded bomb to the S.F.S.I. Rasulgarh through the S.D.J.M. Bhadrak for chemical examination. After completion of investigation, he submitted chargesheet against thirteen accused persons showing seven of them as absconders. Out of them the six appellants along with two others were committed to the Court of Sessions in S.T. No. 27/171 of 1995. Two of the remaining accused persons were committed to the Court of Sessions in S.T. No. 5/5 of 1996 and all the ten accused persons stood their trial jointly. The learned AddI. Sessions Judge found the six appellants guilty of the, charge under Sections 457/395. I.P.C. and convicted them and passed the sentence as stated earlier. He found two coaccused persons of the appellants committed along with them and the other two accused persons separately committed in S.T. No.5/5 of 1996 not guilty and acquitted them of the charge. The six appellants were also acquitted of the charge under Section 9(B) the Indian Explosives Act.

(3.) The defence plea is one of denial and some of the accused persons pleaded to have been falsely implicated in the case by the informant due to previous enmity.