BAIKUNTHA BHOI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellants Baikuntha Bhoi and Prasanta Nayak in CRLA No. 21 of 2012, the appellant Bishnu Nayak in CRLA No.504 of 2012 and the appellant Raju @ Rajesh Behera in CRLA No. 719 of 2012 faced trial in the Court of learned Adhoc Addl. Sessions Judge (FTC), Bhubaneswar in Crl. Tr. Case No.47/205/2010 for commission of offence under Sec. 395 of the Indian Penal Code (in short, 'I.P.C.') on the accusation that on 13/6/2010 at about 10.30 p.m. at Palasuni under Mancheswar police station, Bhubaneswar, they committed dacoity in respect of cash amounting to Rs.8,000.00, two numbers of mobiles, one suitcase, etc. of the informant, Bhabani Shankar Nayak (P.W.4).

(2.) The learned trial Court vide impugned judgment and order dtd. 30/11/2011 convicted all the appellants under sec. 395 of the Indian Penal Code and sentenced each of them to undergo R.I. for five years each and to pay a fine of Rs.3,000.00 (rupees three thousand) each, in default, to undergo further R.I. for three months each. Prosecution Case:

(3.) The prosecution case, in short, is that on 13/6/2010 at about 10.30 p.m., Bhabani Shankar Nayak (P.W.4), the informant in the case, returned from Bangalore to Bhubaneswar by Prasanti Express and near Master Canteen Chhak, he was waiting for an auto rickshaw to proceed to Palasuni to his house. In the meantime, one Omni Maruti car came near him and the driver called him and agreed to leave him at Palasuni. He boarded the Omni car and three other persons were also present in that car. One passerby, who boarded in the said vehicle, got down at Vani Vihar. When P.W.4 asked him to stop the vehicle, he did not listen to him and drove the car speedily. It is the further prosecution case that all the appellants assaulted P.W.4 inside the car causing bleeding injuries on his person. They also forcibly took away his cash of Rs.8,000.00, two valuable mobiles, a trolley suit case and other valuable articles and threw him out by the side of the road at Trinath Bazar. Thereafter, a young man came and rescued him and then the police officers with P.C.R. van came and also rescued him.