GOVINDA PRADHAN Vs. STATE

JUDGEMENT

(1.) Having been convicted under S 396 of the IPC. and sentenced to undergo rigorous imprisonment for life in Sessions Trial No. 7/59-A of 1978, the two appellants have preferred this appeal.

(2.) There was a dacoity in the night of 13-2-1978 in the house of Lingaraj Panda of village Ramachandrapur in the district of Puri. The culprits forced themselves in, assaulted some of the inmates, used fire arms and decamped with the booty. Sudhibaman Ferida, the servant, succumbed to the injuries sustained by him and some persons were injured. In course of investigation, several persons were apprehended and ultimately placed on trial. Before commencement of the trial, some of the accused managed to escape from jail custody. A few were apprehended and trial of the accused except those who had been apprehended, proceeded in Sessions Trial Nos.7/59 of 1978 and 4/49 of 1979 wherein some were convicted and some acquitted. Some of the convicted persons filed Criminal Appeal No.202 of 1980 and Jail Criminal Appeal No.26 of 1981. The State filed appeal against acquittal of 5 accused persons who had been acquitted. The same was registered as Government Appeal No.94 of 1984. The two appellants herein were later on apprehended. But as their case had been split up, they faced separate trial.

(3.) In order to bring home the charges, the prosecution examined 26 witnesses, relied upon confessions made by the appellants before the Magistrate (P. W. 15) and the evidence of identification of the appellants in Court and recovery of stolen properties.