GOVINDA SAMANTAROY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Hari Bagh and Govinda Samantaroy were convicted by the trial Court for offence under Section 394/34, IPC. They were sentenced to suffer R.I. for one year each and pay a fine of Rs. 500/- each in default each to suffer R.I. for one month more. Both of them preferred appeal before learned appellate Court which confirmed the trial Court judgment and order of sentence dismissing the appeal. Aforesaid Govinda Samantaroy has preferred this revision to impugn the judgments passed by learned Courts below.

(2.) Stated succinctly, the prosecution case runs as follows. The informant (P.W. 3) at the relevant time was working as Junior Engineer in Irrigation Department. He along with his staff Dasaratha Bagh (P.W. 4) and Damburudhar Gadaba (P.W. 7) had come to village Ekamba in connection with survey work. They had put their camp in the M. E. School premises. Dasaratha Bagh (P.W. 4) and Damburudhar Gadaba (P.W. 7) were staying outside the school building in a tent. Informant (P.W. 3) was staying in a room of the school. It was about 2.00 a.m. in the night of 3/4-12-1992. Two culprits, one of whom was referred as Hari by another came to the school. They assaulted Dasaratha Bagh (P.W. 4) and the informant (P.W. 3) by fist blows and bamboo stick and robbed the informant of his blanket, chadar, one two band Radio, one ladies wrist watch and two torch lights. They confined the informant (P.W. 3) inside the room by locking the door from outside and escaped. The informant (P.W. 3) later came outside through the window and lodged report in the police station at about 5.00 a.m.

(3.) Prosecution has examined eight witnesses out of whom P.Ws. 3, 4 and 7 have already been introduced. P.W. 1 is the Medical Officer, who examined. P.Ws. 3 and 4 on police requisition. P.W. 2 is a witness to seizure of stolen articles at the instance of co-convict Hari Bagh. P.Ws. 5 and 6 are independent witnesses. P.W. 8 is the Investigating Officer. P.Ws. 5, 6 and 7 did not support the prosecution case.