TINKIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, namely Tinkia @ Tankadhar Sahu of Village Kantio, P.S. Tumusingh, Dhenkanal faced the trial on the charges under Sec. 396 of the Indian Penal Code, 1908 (in short, herein after referred to 'IPC') and under Sec. 9(B) of Indian Explosives Act before the learned Sessions Judge, Dhenkanal-Angul for having committed dacoity in the house of one Patayat Sahu ' the Informant and murder of his father, namely Kapileswar Sahu, at village Nuasalapada under P.S. Kamakhyanagar in furtherance of common intention being assisted by others wherein, the learned trial court found the Appellant guilty in the offence under Sec. 395 IPC, convicted and thereafter sentenced to undergo rigorous imprisonment for 5 years each and to pay a fine of ?1000/- each, in default to undergo R.I. for another 6 months each. Further sentenced to undergo R.I. for 6 months each for the offence Sec. 9(B) of Indian Explosives Act and directed both the sentences to run concurrently. In the while, Appellants 1 and 2, namely Dilip Dash and Sashibhusan respectively have expired during the pendency of this appeal and their appeal stands abated vide order dtd. 31/10/2022. The present appeal, therefore, is confined only to Appellant Tinkia @ Tankadhar Sahu.

(2.) The prosecution case in brief is that on the intervening night of 15/l6.6.1988, some persons including the present appellants being armed with sword, knife and lathis trespassed into the house of the complainant P.W.1 in village Nuasalapada, murdered his father and further assaulted the inmates of the house, and forcibly took away cash and ornaments valued at ?20,000/-. It was alleged that in process of investigation, the accused persons escaped by exploding bombs thereby terrorizing the inmates of the house and the villagers. Soon after the occurrence police arrived at the spot on receiving a telephonic message and drew up the F.I.R. on the oral report of Pattayat Sahu ' P.W.1 and took up investigation.

(3.) In course of the investigation, S.I. ' A. K. Mahanty (P.W.9) was the O.I.C. of Kamakhyanagar P.S. Upon receiving a telephonic information on 16/6/1988 at 12:45 AM, about an occurrence of dacoity in Village Salapada, he moved to the spot with all the officers at about 1:00 AM. He received the oral report of the Informant P.W.1 and reduced it to writing. He examined the witnesses at the spot, held inquest over the dead body of the deceased as per Ext 11 and the dead body was sent for P.M. examination as per dead body challan Ext 12. The injured persons ' P.W.1, Nirupama, Chhaya, Nadia, and Mandodari P.W.3 were also sent for examination. He seized blood-stained cement, sample dust, some paper pieces having the smell of crackers, pieces of jute, blood-stained Kantha and pillows, a tape recorder, some wooden boxes, a knife, one Sal stick, one small tin box, command certificate, a blood-stained white dhoti. Station Diary No. 291 was made and seizure list can be found in Ext. 13, 14 and 15. On 17/6/1988, C.I. ' S. K. Panigrahi (P.W.10) took over the investigation. He again visited the spot and examined witnesses. On 26/1/1989 the accused Dilip, Sashi and Sarat were apprehended in Kamakshyanagar Police Station, P.S. Case No.6 U/s.395 I.P.C. and the investigation which had come to an end upon submission of a final form, was reopened. The weapon of offence stated to have been used by the accused persons in commission of the offence has duly been proved by the I.O. as per Ext 10/2 and M.O.I. is the evidence to the effect that the nose stud was received from the sister of deceased-appellant Dilip. Similarly, another gold nose ring was seized under Ext. 17 ' M.O.II. Also, some sticks/lathis were recovered near a culvert and seized in presence of witnesses as per Ext. 9 ' M.O.III. The sword was sent to S.F.S.L. Rasulgarh for Chemical Examination and Serological test. All the 3 accused-appellants were forwarded to the court on 27/1/1989 and a T. I. Parade of the suspects and the articles was conducted by the learned S.D.J.M. on 1/2/1989 and a report was made on 3/2/1989. On the basis of the statements of the accused persons, other accused persons were arrested and forwarded to court. He arranged despatch of seized articles to S.F.S.L. Rasulgarh through Court and accordingly on 25/4/1989, chargesheet was submitted.