LAXMAN MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) - This appeal is preferred against the judgment of the learned Additional Sessions Judge, Balasore convicting the accused-appellants under Sections 395, I.P.C. and 457, I.P.C. and sentencing them on the first count to undergo rigorous imprisonment for five years and on the second count to undergo rigorous imprisonment for three years with a direction that the sentences should run concurrently.

(2.) The gist of the prosecution case is that on the night of 23-5-1981 at village Chandamani (within Baliapal Police Station in Balasore district) seven culprits, including the present accused-appellants, forcibly entered into the house of the informant by breaking open the door of the house and committing dacoity in his house carried away his cash, gold and silver ornaments etc., valued at Rs. 5,000/- and thereby rendered themselves liable under Sections 395, I.P.C. and 457, I.P.C.

(3.) Six accused persons, including the present appellants, stood their trial before the Additional Sessions Judge under Sections 395 and 457, I.F.C. The accused persons pleaded that as they objected to the informants encroaching upon a portion of the casuarina forest, the informant bore grudge against them and filed this false case against them. The appellants had further taken the plea of alibi. In support of their plea, two defence witnesses were examined.