NARAYAN BEHARA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner assails the order of conviction recorded against him by the trial court under Section 394 of the Indian Penal Code with a sentence to undergo rigorous imprisonment for a period of three years maintained by the Court of Session for having committed robbery during the night of the 9tb/lOthApril, 1978, by entering into the dwelling house of Sushila Bewa (P.W. 2) and removing a gold necklace from her neck and two gold ear-rings by forcibly removing them from her ears resulting in injuries on her person.

(2.) The order of conviction has been based mainly on the evidence of the sole witness to the occurrence (P.W. 2) who, it was stated, had implicated the petitioner as the author of the crime when the co-villagers (P.Ws. 3 to 6) came to the scene on hearing the cry raised by her.

(3.) Upon hearing the learned counsel for both the sides and on a perusal of the evidence, while I would accept the concurrent finding recorded by the courts below that P.W. 2 had been robbed of her gold ornaments by a culprit causing injuries on her, which found support in the medical evidence, which act would be culpable under Section 394 of the Indian Penal Code, it would be noticed that the evidence to connect the petitioner with the commission of the offence was far short of the mark and for the reasons to be recorded hereinafter, could not have been accepted by the trial and, appellate courts.