STATE OF ORISSA Vs. DHANMATI KISANIN

JUDGEMENT

(1.) THIS is an appeal by the State against an order dated 4.2.1963 passed by the Sub -Divisional Magistrate, Kuchinda, acquitting the respondent of offences under Sections 454 and 380, Indian Penal Code.

(2.) THE accused Dhanmati Kisanin is the wife of the cousin brother of Dibyaraj Kisan, P.W. 1. The prosecution case is that on 28.8.1962, Dibyaraj, his wife Gharamani (P.W. 2) and his mother Jamuna (P.W. 3) went to their land for some agricultural operations. As there was none else in the house, they chained the door from outside. In the bed room of the house, there was a bamboo basket (Jumpi) containing various gold and silver ornaments as well as some cash which was locked. After working for sometime in the field, P.W. 2 came back home to see if her son had come back from school, and saw the doors of the house lying open and the Jumpi containing the valuables missing. She reported this matter to her husband, P.W. 1 and he came back home and found the Jumpi missing. Then they called the Chowkidar and some other villagers such as P.Ws. 6, 11 and 12 and told them about the occurrence. In the afternoon P.W. 1 lodged F.I.R. at the police station. In course of investigation, the I.O. recovered some of the stolen articles from the house of the accused. The accused was thereafter charge -sheeted and tried for offences under Sections 454 and 380 Indian Penal Code.

(3.) THE learned Magistrate acquitted the accused mainly on the following grounds :