MAHENDRANATH PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The above two appeals arise out of the same judgment in a case under Section 397, I.P.C. Appellant Ramakanta assails his conviction under Section 397, I.P.C. and sentence of rigorous imprisonment for nine years and appellant Mahendra assails his conviction under Section 411, I.P.C. and sentence of rigorous imprisonment for one year.

(2.) Prosecution case is, P.W. 1 at the relevant time was serving as a teacher in Jayanagar L.P. School under Chandipur Police Station in the district of Balasore. On 30-11-1987 around 3 p.m. she was returning from the said school on the path through the paddy field: At that time appellant Ramakanta caught hold of her by gagging her mouth. At this P.W. 1 gave a bite to the finger of the appellant. The appellant thereafter gave a fist blow on the face of P.W. 1 causing an injury and dislocation of teeth. She fell down on the ground. Appellant Ramakanta snatched away from her neck one gold necklace, a pair of golden ear-rings from her ears, and a pair of golden Bahuti from her wrist. He also took away her wrist watch and cash of Rs. 500/- from her purse. The matter being reported to the police, investigation was taken up and after completion of investigation, charge sheet was submitted against the appellant Ramakanta and he faced trial and was convicted as stated above.

(3.) So far as appellant Mahendra is concerned, during investigation, golden ear-rings and necklace were seized from him on his production and the prosecution came out with a case that having known these ornaments to have been stolen, the appellant Mahendra had retained them and therefore he was charged, tried and convicted under Section 411, I.P.C. I may take up the case of appellant Mahendra for the offence punishable under Section 411, I.P.C.