BASANTA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The six appe-Ilants are the convicted accused persons in Sessions Case No. 32 of 1987 of the Court of Sessions Judge, Phulbani. They were charged for the offence under Section 395 I.P.C. and convicted there-under. Learned Sessions Judge directed each of the appellants to undergo rigorous imprisonment for three years. The said order of conviction and sentence has been challenged in this appeal.

(2.) As it reveals from the trial Courts record and that fact is not disputed by the parties, Late Sebakar Pradhan, deceased husband of the informant/P.W. No. 1 Radha Bewa and accused Khedu Pradhan are to agnetic brothers. Accused Basanta Pradhan and Prahalad Pradhan are sons of Khedu. Accused Gobinda Pradhan and Koibartha Kaibarta Pradhan are agnetic cousins of said Khedu and accused Upendra Baghar is the field servant of accused Khedu. P.W. No. 2 Dasamati Karmi and P.W. No. 5 Haribandhu Karmi are daughter and son-in-law respectively of P.W. No. 1. P.W. No. 3, Sashi Pradhan is a field servant in their family and the said four witnesses are the witnesses to the occurrence.

(3.) According to the prosecution, in the night of 7.11.1986 at about 10 P.M. the accused persons trespassed into the house of P.W. No. 1, tied her and other inmates, i.e., P.W. Nos. 1, 2, 3 and 5 and looted the house and removed cash, ornaments, utensils, garments and paddy and rice, etc. P.W. No. 1 got the matter reported to the police after one day of the occurrence. Police made investigation, recovered the stolen articles not only from the house of the accused persons but also from a well besides seizing some of the incriminating articles like rope, etc. from the spot. Police submitted charge-sheet for the offence under Section 395, I.P.C. and, as noted above, the appellants faced the trial on the said charge.