BHASKAR MAHALIK @ MALLICK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellants, who were accused in S.T. No.26/109 of 1984 have challenged their order of conviction under Sections 395 and 457 I.P.C. passed by the Asst. Sessions Judge, Bhadrak in the aforesaid case and the sentence to undergo imprisonment for six years under Section 395 I.P.C. and to undergo R.I. for three years under Section 457 of I.P.C.

(2.) BEREFT of all unnecessary details, the short facts as revealed from the F.I.R. are that on 11.10.1983 at about mid -night, the appellants and five others forcibly broke open the front door of the house of the informant p.w.1. They assaulted and confined p.w.1 and other inmates of the house at one place and removed all the valuables like gold, silver ornaments, cash, etc. On the basis of the F.I.R. lodged by p.w.1, the criminal action was set in motion and on 12.10.83 the appellants and two others were apprehended in village Banasta. On search some incriminating materials were also seized. Out of the said eight miscreants, the present three appellants faced trial in the aforesaid Sessions Trial No.26/109 of 1984, being Bhaskar Mahalik @ Mallick, appellant in Crl.Appeal No.26 of 1985 and Duja @ Gangadhar Gahan and Bata @ Bhagabat Nayak, appellants in Crl.Appeal No.79 of 1985.

(3.) TO substantiate its case, prosecution examined as many as 18 witnesses and exhibited some documents. The ornaments and other valuables, which were seized from the possession of the appellants were also marked as Material Objects. It is to be mention here that in the T.I. parade conducted by the prosecution, the three appellants were identified. Out of 18 witnesses, p.ws. 1 and 3 to 6 were the inmates of the house, at the time of commission of dacoity, p.ws.7, 8 and 12 were the villagers and were the post -occurrence witnesses. P.ws. 7 and 9 were the persons before whom, Appellants Mahalik and Gahan made extra judicial confession, p.w.10 was a seizure witness in whose presence the stolen articles were seized from the possession of appellants Bhaskar and Gahan, p.ws. 13 and 14 were the witnesses to seizure of the stolen articles who also identified the same, p.w.11 was the Medical Officer, who had examined and treated the injured p.w.1 and p.w.17 was the Magistrate who had conducted the T.I. Parade with respect to the persons and articles. Other three witnesses being p.ws. 15, 16 and 18 were the Investigating Officers.