PANIA GADA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellants Pania Gada in JCRLA No.49 of 2011, Bhutulu Gochhayat, Aswini Ghadei and Dhania Sahu in CRLA No.528 of 2012 and Kanhei Naik @ Chipa in CRLA No.392 of 2013 faced trial in the Court of learned Assistant Sessions Judge, Sambalpur in S.T. Case No.177/116 of 2005 for commission of offences punishable under Sec. 458 and 395 of the Indian Penal Code read with sec. 25 of the Arms Act.

(2.) The prosecution case, as per the first information report (Ext.1) lodged by the informant Krushna Chandra Seth (P.W.9) before the Inspector in-Charge of Dhama police station on 24/9/2004, is that during the intervening night of 23/24/9/2004 at about 2.45 a.m. some unknown persons entered inside his house and committed robbery. His mother, younger brother Radheshyam Seth (P.W.4) and others were present in the house at the time of commission of robbery. It is stated that the culprits used 'bhujali' and pistol while committing the crime and they took away gold and silver ornaments and cash. In the first information report, the informant specifically mentioned that four persons committed the crime and he has given their description in the first information report.

(3.) During course of trial, the prosecution examined as many as seventeen witnesses.