PAMPILAS BAGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner stands convicted under Sections 457 and 380 of the Indian Penal Code (for short, the Code) and has been sentenced under the tint-mentioned section to undergo rigorous imprisonment for a period of two years and under the latter section to undergo rigorous imprisonment for a period of one month and to pay a fine of Rs. 500/- and in default of payment thereof, to undergo rigorous imprisonment for a further period of three months with a direction that the substantive terms of imprisonment would fun concurrently. The order of conviction recorded by the trial court has been maintained by the appellate court.

(2.) The petitioner, it was alleged, committed house-breaking and entered into the dwelling house of Tonkodhara Khillar (P.W.2) and committed theft of clothes during the night of the 10th July, 1980. He had then an iron instrument and a torchlight with him. He was caught and a report was lodged at the Papashandi Police Station. Investigation followed and on its completion, It charger-sheet was placed and the petitioner was prosecuted being charged under Sections 457 and 380 of the Code. To bring home the charges, the prosecution had examined five witnesses. The petitioner had pleaded not guilty to the charges and had denied the accusations made against him.

(3.) I have heard the learned counsel for the petitioner and the learned Standing Counsel for the State.