THABIRA SUNA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellants have approached this Court having been convicted under section 392, I.P.C. and sentenced to rigorous imprisonment for five years. THEy have been acquitted of the charge under section 397, I.P.C. P.W. 1 who was the victim of the robbery lodged an oral FIR that on getting down from the passenger train on 8/3/1985 at 3.30 a.m. at Kesinga Railway Station as there was no connecting bus from Kesinga to Bhawanipatna, he was proceeding to Shanti Lodge through Dangarapada Road of Kesinga and on the way was ambushed by the appellants and another person who has escaped. THE appellant No.1 was holding a knife and the appellant No.2 was armed with a stick while the person who escaped was unarmed. All of them demanded money and valuables from him and on P.W.lTs refusal, he was made to lie down on the road and the person who escaped stood on his chest and the appellant No. I showed him the knife while the appellant No.2 was standing there with a stick. THE appellant No.1 removed Rs.27/- from his bag consisting of one twenty-rupee note, one five rupee not and one two-rupee note. P.W. 1 cried out hearing which P.W.2, a Havildar, and P.W. 3, a Gramrakshi, reached the spot and the appellants were apprehended while the third man escaped. THE appellants were taken to the police station and the money robbed and the knife were recovered from them. On the basis of the oral FIR, investigation was carried on after which charge-sheet was submitted. THE evidence of P.Ws. 1, 2 and 3 is consistent relying on which the learned Sessions Judge came to the conclusion of an offence. Under Section 392, IPC to have made out, Mr. Nayak learned counsel for the appellants, tried to urge that the ingredients of the offence under section 392. IPC are not satisfied contending that there was actually no assault. THE submission has no force since for the purpose of section 392 an actual assault is not necessary and a mere threat is sufficient. On a reading of the evidence. I find the charge to have been completely proved against the appellants and hence there is no escape from the conviction. Failing in such attempt the learned counsel urges for reduction of the sentence considering the young age of the appellants as well as the fact that they were in jail till filing of the appeal. THEse types of offences have become rampant and the society has become an unsafe place because of the crimes of this nature. That such an incident as the present one has occurred in a remote town like Kesinga in an indication of the social malady which has taken deep roots in crimes. I do not find any mitigating factor in favor of the appellants and the fact of their having remained on bail cannot be a circumstance in their favor. In that view of the matter. I do not find any material to interfere with the punishment imposed. THE appeal is dismissed. Appeal dismissed.