SANA ALIAS SANATAN DATAMUDIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER has challenged the order of conviction under Section 395 of the Indian Penal Code (for short, the 'I.P.C.') passed by learned Chief Judicial Magistrate cum -Assistant Sessions Judge, Khurda at Bhubaneswar in S.T. Case No. 1 08/378 of 1994 and the confirming judgment of learned Sessions Judge, Khurda at Bhubaneswar in Criminal Appeal No. 54/34 of 1997/96 vide the impugned judgment dated 4.8.1997. Petitioner was sentenced to undergo rigorous imprisonment for a period of six years and to pay a fine of Rs. 100/ -, in default, to under go rigorous imprisonment for one month more. Learned Sessions Judge did not interfere with that sentence while dismissing the appeal.

(2.) IT is alleged that in he night of 11th/12th October, 1 991 dacoity was committed in the dwelling house of P.W. 1 by some unknown culprits and five of them by use of force, removed that valuables and money and in that process caused hurt to the inmates. When the villagers wanted to come to rescue, bombs were exploded to terrorize them. On receipt of that F.I.R. the Officer -in -Charge of Balipatna Police Station took up the investigation, apprehended some of the culprits, put them to T.I. parade, got the articles recovered at their instance and ultimately charge -sheeted twelve accused persons, inter alia, for the offences punishable under Sections 457 and 395, I.P.C. and Section 9(b) of the Indian Explosives Act.

(3.) TO substantiate the charge, prosecution examined ten witnesses and relied upon a series of, documents, viz. F.I.R. Injury Certificates, Seizure Lit and the T.I. Parade Report of the persons and the properties vide Exts. 8 and 9 respectively. Prosecution heavily relied upon the evidence of the informant -P.W. 1, his wife -P.W.2 and another Co -villager -P.W. 8, all of whom identified the Petitioner and the other two co -accused who faced the trial under reference and stated that they along with two others participated in the commission of the dacoity. As per the findings recorded by the trial Court and confirmed by the appellate Court, such evidence was found to be reliable, Thus, on the basis of other supporting evidence besides the T.I. Parade Report, the Courts below found the Petitioner and the convicted co -accused persons (Prafulla Maharana and Khirod Nath) to be guilty of the offence under Section 395, I.P.C.