HARI HARIJAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant having been convicted and sentenced to undergo rigorous imprisonment R.I. for eight years and to pay fine of Rs.5,000/ - in default to undergo R.I. for a further period of one year for the offence under Section 395 of the Indian Penal Code (for short the I.P.C. ) by the learned Asst. Sessions Judge -cum -C.J.M., Nabarangpur in C.T. No. 45 of 2005, has preferred this appeal. A.F.R.

(2.) THE case of the prosecution is that on 7.2.2005 around 8.00 P.M. the informant Balaram Bisoi @ Buto (P.W.1) and his family members after finishing their supper returned to bed. According to the F.I.R. story the informant (P.W.1) slept on the verandah of his house whereas his wife and daughter slept inside the CHOUPADI . It is alleged that around 12.00 midnight some unknown culprits entered into the house of P.W.1 by opening the back doors of his house and when focused the torch light on the face of informant (P.W.1) he woke up. It is further alleged that two persons on the point of knife directed P.W.1 to keep silent and remained on guard whereas three other persons entered inside the CHOUPADI and woke up Tulasa Bisoi (P.W.2), who is the wife of P.W.1 and took away her nose flower and they also by terrorizing Parvati (P.W.3), the eldest daughter of P.W.1 took away her ear rings. Those three persons remained on guard of P.Ws. 2 and 3 and at that time five other persons opened the lock of another room and from the MANDIA DRUM took away Gini Mali , Labangakodhi Khasu Mali and also cash of Rs.5,000/ - which had been kept in an earthern pot inside the DHANA DOLI . It is alleged that P.Ws. 2 and 3 were kept confined by the five culprits inside GADIA GHARA . After the miscreants left the spot, P.W.1 reported the matter to his Dada (Uncle) Madhab Bisoi, (P.W.4). The F.I.R. reveals that the unknown culprits committed dacoity of cash and gold ornaments worth around Rs.17,000/ - and they had covered their faces with towel and mufflers. The F.I.R. further disclosed that the miscreants were aged in between 25 to 30 years and had put on pant, shirt and shoe. Information about the occurrence was lodged in writing by P.W.1 before the O.I.C., Tentulikhunti Police Station vide Ext.1. Police on receipt of the said information took up investigation of the case and on completion of investigation placed charge sheet against 15 (fifteen) accused persons including the present appellant under Section 395 of the I.P.C. to stand their trial.

(3.) THE learned Asst. Sessions Judge -cum -C.J.M., Nawarangpore since did not find any legal evidence against accused Lalit Harijan @ Bandaka, Bipin Hial, Trinath Amanatya @ Bonda, Trinath Harijan, Rama Harijan and Ramesh Bagh under Section 395 I.P.C. acquitted them of the said charge under Section 235 (1) of the Cr.P.C. Since the learned Asst. Sessions Judge found sufficient evidence on record against the present appellant therefore while convicting the present appellant under Section 395 of the I.P.C. passed the impugned sentences which is under challenge in this appeal.