RAJKISHORE SAHU Vs. STATE

JUDGEMENT

(1.) RAJKISHORE Sahu, the appellant in Jail Criminal Appeal No.75 of 1980 and Jogindra Pradhan, the ap -pellant in Jail Criminal Appeal No.79 of 1982, have preferred these appeals against their conviction under Section 394 of the Penal Code and sentence of rigorous imprisonment for eight years imposed on each. Originally there were four accused persons charged under Section 395 of the Penal Code. On a consideration of the materials, the learned Assistant Sessions Judge found that charge under Section 395 of the Penal Code had not been brought home as the num -ber of culprits was less than five. He also found that there was no evidence against the accused persons other than the appellants. So, while acquitting the other accused persons, he convicted the appellants as aforesaid.

(2.) THE prosecution alleged that around 2 to 3 a.m. on 23 -10 -1974 some -body knocked on the front door of the house of Chakradhar Sahu, the infor -mant, with a heavy instrument. When the door was opened, two persons en -tered inside. One of them gave a blow to the informant with the instrument he was holding. Appellant Jogindra Pra -dhan kept guard on him and appellant Rajkishore entered inside the room. They were wearing half pants and half shirts and had covered their heads. Appellant Rajkishore removed a chain from the neck of the daughter of the informant. Though they ransacked the house, they could lay their hands on no other valu -ables and left. The next morning the Investigating Officer came to the village of the informant and the F.I.R. was lodged with him.

(3.) PROSECUTION examined four witnes -ses. P.W.1 was the informant, P.W.2 was the Investigating Officer, P.W.3 was the Magistrate who recorded the confessional statement of Narendra, a co -accused, and P.W.4 was the Magis -trate who recorded the confessional statement of appellant Jogindra. Besi -des, the prosecution relied upon the confessional statement made by Jogindra, Ext.5.