SUBASH CHANDRA PADHI Vs. STATE

JUDGEMENT

(1.) The revision is directed against the judgment and order dated 31 -3 -1982 of the learned Sessions Judge, Ganjam - Boudh, Berhampur, maintaining the conviction and sentence passed by the learned Asst. Sessions Judge, Berhampur, convicting the petitioner Under Section 395, I. P. C. and sentencing him to undergo rigorous imprisonment for five years.

(2.) BRIEFLY stated the facts of the case are these. There was a dacoity in the house of the informant, P. W. 1, in the night of 15 -2 -1978 in course of which the petitioner and six others were alleged to have forcibly entered into the house of P. W. 1 and removed jewellery and cash. On an information being lodged by P. W. 1, the S. I. of Jarada police statbn, P. W. 17, took up investigation of the case and eventually submitted charge sheet against seven accused persons including the petitioner. In course of investigation several seizures have been made. Some recoveries are also said to have been made from some of the accused persons in this case.

(3.) PROSECUTION has examined as many as twenty witnesses and defence has examined none. The prosecution evidence is in abundance to prove that dacoity took place in the house of the informant, P. W. 1, and the learned counsel appearing for the petitioner is unable to challenge this conclusion of the Courts below.