SESADEVA MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Both these appeals arise out of common judgment dated 27-2-89 of the Assistant Sessions Judge, Sthagarh in a case under Section 457/395/34, I.P.C. and Section 9-B of the Indian Explosives Act, 1884. The appellants were found guilty for the offences of lurking house trespass and dacoity and convicted and sentenced thereunder to undergo rigorous imprisonment for eight years each.

(2.) Prosecution case in brief. On 15/16-4- 88 at about 1 a.m. in the night, the appellants along with 7 to 8 persons forcibly entered the house of Ananta Charan Acharya (P. W. 1) of village Kamarpur Sasan and after assaulting him, his wife and daughter, took away gold and silver ornaments and cash of Rs. 1050/- and decamped with the booty. It was also alleged that they exploded bombs to scare the neighbours as a result of which the neighbours could not come to the spot. P.W. 1 lodged the F.I.R. at the Gurudijhatia Police Station at 7.30 a.m. the following morning. The Investigating Officer during investigation visited the spot, seized a tin box from the spot and also seized stainless steel and ceramic plates from the house of the informant for the purpose of identification of suspected finger prints. A test-identification parade was also held by the Magistrate during investigation in which the appellants were identified. The Investigating Officer seized cash of Rs. 1050/ - on recovery given by Appellant Bhagaban and melted gold piece on recovery given by appellant Sukanta. P,Ws. 1, 5 and 7, the injured persons were medically examined. The Medical Officer found injuries on their persons. After completion of investigation, the Investigating Officer submitted charge- sheet.

(3.) The defence plea was one of total denial.