SIKANDAR MULLAH Vs. STATE

JUDGEMENT

(1.) Since all these three appeals arise out of a common judgment, on the prayer, with the consent and on agreement of the Learned Counsel for the parties, they are taken up together, heard and disposed of by this common judgment.

(2.) The Appellants have been convicted under Ss. 395 Indian Penal Code, 1860 (for short 'I.P.C. ') and sentenced to undergo rigorous imprisonment for five years by the learned First Additional Sessions Judge, Berhampur in Sessions Case No. 22/91 (S.C. 93/91 GDC).

(3.) The prosecution case in short is that when the informant Arnapurna Patnaik was sleeping in a rented house in Medical Colony, Berhampur along with her two sons and husband, in the night of 26/ 27.8.1990 after closing the doors including the main entrance and the back door, she woke up at about 2.00 A.M. and found six young men inside the room who had covered their faces and were wearing Lungi and half pants. One of them pointing the revolver, enquired from her about the cash received by her towards the sale proceeds of the land. The accused persons threatened her showing bombs, searched the house, suit -cases and almirah. By opening the almirah they could take away cash of Rs. 5,000/ -, three gold necklaces, ear ornaments, ear flowers, necklace, ring and chain, They also took away Philips brand Commander radio, Camera, H.M.T. (Asha) watch and twenty numbers of silk sarees of different colours. They tied the hands of the informant by means of a blouse. After their departure, the informant came to her son and woke him up and narrated the incident in detail. On 27.8.1990 the First Information Report was lodged at Baidyanathpur Police Station at about 7.30 A.M. The police registered the case and took up investigation. The investigation could not proceed effectively. However, on 12.1.1991 when the police officials of different police stations of the town were performing anti -dacoity patrol, they found eight persons sitting in the middle of a paddy field. The police party suspecting the accused persons, surrounded them. However, at this, the accused persons ran to escape, but out of the eight, accused Sikandar Mullah and Abdul Kadr were caught. Abdul Kadir and two others, however, having escaped from the jail custody, the case had been split up. On search, the police officials found from Abdul Kadir four live bombs and a loaded police revolver of 38 containing five live cartridges bearing No. GA 17, in a plastic bag. The revolver was the subject matter in Baidyanathpur P.S. Case No. 198 of 1990. Accused Sikandar Mullah gave recovery of the hourse -breaking instrument made of G.I. pipe. On interrogation, it revealed that they were brought by one Rama Sahu alias Lalu, the Appellant in Jail Criminal Appeal No. 34 of 1996 and accused Sk. Jamir, the Appellant in Jail Criminal Appeal No. 326 of 1996. Abdul Kadir confessed to have been involved in many other dacoity cases and, while so doing, disclosed that the booty obtained from dacoity were being kept in the house of Rama Sahu, one of the present Appellants at the Good -Shed Road, Lanjipali. He led the police party to the house of Rama Sahu at Good -Shed Road, Lanjipali from where recovery of gold and silver ornaments including cartridges of 38 revolver and in total seventy two items were seized in presence of the witnesses. However, accused Rama Sahu was not present in the house. Accused Abdul Kadir further led the police party to the house of Sk. Jamir and on search twenty -two items including gold ornaments, wrist watch, silver ornaments etc. were recovered and seized. Accused Sk. Jamir was not in his house, but his wife was present. Accused Rama Sahu alias Lalu, accused -appellant Sk. Jamir were arrested on 25.1.191. Charge -sheet was filed against six accused persons out of whom three have escaped from the jail custody, for which the case had been split up and Appellants were tried alone.