BHOLA ALIAS RAMA LENKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant stood charged along with some other co-accused persons under Section 395 of the Indian Penal Code (for short, the CodeT) with having committed dacoity in the house of Ashamani, who died sometime after the occurrence, in village Bajana in the district of Balasore at about 8 to 9 p.m. on March 30, 1983. The appellant and the other co-accused persons were held not guilty of this charge. Because of the recoveries of some stolen articles including two brass utensils (M. Os. I and II) from the house of the appellant, he has been held guilty under Section 411 of the Code and sentenced thereunder to pay a fine of Rs. 500/- and in default of payment thereof, to suffer simple imprisonment for a period of six months.

(2.) Mr. Nayak, appearing amicus curiae for the appellant, has submitted before me that the order of conviction cannot be sustained on facts and maintained in law. Mr. Panigrahi, the learned Additional Government Advocate, has supported the order of conviction as well founded.

(3.) It would be unnecessary to catalogue the evidence as the only evidence against the appellant was with regard to the recoveries of some articles including M.Os. I and II in the course of investigation on April 6, 1983, as would appear from the evidence of the Investigating Officer (P.W. 8).