GATIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Revision Petition filed by the petitioner under Sec. 397 read with Sec. 401 of Cr.P.C. is directed against the judgment and order dtd. 25/5/2000 passed by the learned Sessions Judge, Dhenkanal-Angul in Criminal Appeal No.78 of 1990, whereby the judgment of conviction and order of sentence dtd. 3/7/1990 passed by the learned S.D.J.M., Hindol in G.R. Case No.106 of 1989 (Trl. No.308 of 1989) was confirmed.

(2.) The case of the prosecution in brief is that on 30/8/1989 at about 10 a.m. in the village of Nimabahali, the accused committed house trespass at night by entering into the informant's building, Trilochan Sahoo, after the sunset and before the dawn in order to commit theft of gold articles, clothes, utensils, rice and cash dishonestly. The informant, after getting information, lodged an F.I.R. in the police station. On the basis of such allegation, the police registered the F.I.R and after the completion of investigation, submitted the charge sheet against the accused persons under Ss. 457/380 of the IPC. The petitioner, along with one Sukru Pradhan, was subjected to trial for the alleged charges against them under Ss. 457/380 of the IPC.

(3.) To bring home the charges, the prosecution examined altogether five witnesses and exhibited seven documents. The plea of defence was that of complete denial. In proof of his plea, no evidence was adduced from the side of the defence. P.W.1 was the informant, whereas P.Ws.2 & 3 were the seizure witnesses. P.W.4 was the Special Judicial Magistrate before whom T.I. Parade was conducted. P.W.5 was the Investigating Officer.