HARADHAN PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner stands convicted under sections 457/380 of the Indian Penal Code (in short 'I.P.C.') and sentenced to undergo rigorous, imprisonment for one year on each count. The sentences are directed to run concurrently.

(2.) The prosecution case is that the informant Sitaram Behera (P.W. 1) is a small business-man dealing with grocery articles in village Jamtal. On 27.9.1987 after their meal P.W. 1 and his inmates retired to their beds. Next morning i.e. on 28.9.1987 P.W. 1 found that the main door was hooked from outside. He raised hullah to open it which was done by a lady called Sulochana. As the door was hooked from outside. he suspected that something might have gone wrong inside his house. Accordingly, he went to his bed room and found a tin box containing Rs. 10,000/- with a gold earing was missing. He immediately suspected the petitioner to be the culprit. He informed about the incident to Dinabandhu Pradhan, Narayan Bhoi and others and asked them to keep watch over movement of the petitioner. On 29.9.1987 when he (P.W.1) was in his shop, he was informed that the petitioner was caught while he was fleeing away and money was recovered from him. F.I.R. was then lodged by him at Jujumara police station.

(3.) The plea of the petitioner was one of denial. In his statement recorded under section 313 Cr. P.C. he claimed that the money in question belonged to him.