RAMBILASH SINGH Vs. STATE

JUDGEMENT

(1.) This judgment shall govern both the appeals which are directed against a common judgment of learned Additional Sessions Judge, Sambalpur. Appellants Rambilas Singh and Indramani Kua (hereinafter referred to as the 'accused' by their respective names) stood trial for alleged commission of offence punishable under section 395 of the Indian Penal Code, 1860 (in short. 'IPC'), along with others. Accusations which led to the trial are as follows:

(2.) Prosecution version ais unfolded during trial is that Khyamasil Gunanidhi Nayak (P.W. 13) and his uncle Achyuta have their common house in village Gambharidihi within local limits of Laikera Police Station. Around mid-night of 2-2-1990, Khyamasila and Gunsaidhi (P.W.13) were working in their thrashing floor. At that time the accused persons came, caught hold of them and forcibly took them to their house. While going towards their house, they chained the doors of the villagers from outside. The miscreants broke open the door of Achyuta and assaulted and injured Khyamasija and Gunanidhi (P.W.s 12 and 13 respectively). They ransacked the house, broke-open suitcases almirahs and took away gold, silver ornaments, cash, radio etc. On the basis of information lodged by Khyamasila, investigation was undertaken. During investigation stolen articles were recovered on the basis of information of the accused persons while in police custody. Besides they were identified in the test identification parade. Though charge-sheet was submitted against 11 persons, three of the accused persons absconded and rest of the accused faced trial in two separate cases. The judgment of the learned Additional Sessions Judge to which the present appeal relates is in respect of four accused persons.

(3.) The accused persons denied the allegations against them.