BASANT SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the judgment of the learned Additional Sessions Judge, Balasore whereby he has upheld the judgment and order of the learned Judicial Magistrate First Class, Jaleswar convicting the accused-petitioner under section 392, I.P.C. and sentencing him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- in default, to undergo rigorous imprisonment for a further period of one month.

(2.) The prosecution case, shortly stated, is that in the night of 10111th November, 1986 at about 1 a.m. the informant Judhistir Jena (P.W. 1) went out of his house to pass urine and after returning there from slept on his cot. Before he went into deep sleep, his daughter Anita (not examined) went out side for the purpose of urination holding a DIBRI. No sooner she went out side, the accused-petitioner along with two others by name Dula alias Biswanath alias Bhagirathi Das and Jatia alias Kamal Lochan Behera attacked her for which she raised hue and cry and hearing her scream when P.W. 1 came out, there was tussle between him and the petitioner and his coaccused and in course of the tussle one of the culprits tied P.W. 1 with his napkin and made him to sit in a room. While the accused petitioner was guarding P.W. 1, his two other co-accuseds went inside and brought out some valuables. In the meantime, Anita went to the up stair and informed the incident to Puma Chandra Mahalik (not examined) who was sleeping there and the later, in his turn, went inside the Basti to call the villagers. But before the villagers could arrive, the accused petitioner and his two co-accused took to their heels carrying the stolen articles. In F.I.R. containing the above facts (Ext. 1) having been lodged, investigation commenced. In course of the investigation a silver necklace was seized from one of the co-accused of the petitioner. Test identification parades were made for identification of the petitioner and his two co-accused and after competition of investigation charge-sheet having been placed, all the three accused persons faced trial.

(3.) The defence was one of denial.