GHANSHYAM SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has been convicted under sections 457 and 380 Indian Penal Code. He has been sentenced to rigorous imprisonment for one year for the offence under section 457 and for six months for the offence under section 380 Indian Penal Code. Both the sentences have been directed to run concurrently.

(2.) The prosecution case is briefly noted. The late Sridhar Das was the Mahanta of Ramdas Math in village Sanamantia. During the night between 24th and 25th September, 1978 the door of a room in the Math was broken open and a wall-clock and a bell belonging to the Math were stolen. The Mahanta lodged F.I.R., Ext. 4, at the police station on 25-9-78 at 3 pm. In the absence of the Officer-in-charge, P.W. 4, Assistant Sub-Inspector of Police, attached to the police station registered a case under sections 457 and 380 Indian Penal Code against unknown accused persons and took up investigation. On 28-9.78 the villagers of Samanantia sent for the petitioner and in the presence of the villagers the petitioners admitted that he and his accomplice accused Paramananda bad forcibly entered the Math on the 24th night and removed a bell and a wall-clock from the Math and that while the petitioner had taken the wall-clock, paramananda bad taken the bell. The petitioner was arrested at 4 p.m. on 28.9-78 by P.W.4. While in custody of the police the petitioner stated that he had kept the clock in his house and thereafter- he led the police to his house and produced the clock which was seized by P.W. 4 under Ext. 3. The other accomplice Paramananda was next arrested and then police submitted chargesheet against both the accused persons.

(3.) At the trial four witnesses were examined on behalf of the prosecution and three witnesses on behalf of the defence. The defence plea of the petitioner is one of denial. In his statement recorded under section 313 Criminal Procedure Code the petitioner has stated that the allegations of extra-judicial confession and recovery of the clock were all false and that the witnesses bad deposed falsely against him due to previous enmity.