RATIKANTA PARAMANIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Ratikanta Paramanik having been convicted u/s. 397, I.P.C. by the learned AddI. Sessions Judge, Balasora and sentenced to undergo rigorous imprisonment for ten years thereunder has preferred this appeal from jail.

(2.) Shortly stated, the prosecution case is that in the night of 31.12.1987/1. 1. 1988 between 2.00 and 4.00 A.M. while the Puri-Howrah Express train was moving between Balasore and Jaleswar, the appellant along with seven others being armed with deadly weapons like Bhujalis and knives entered inside a particular bogie and looted away valuables from the passengers. One of the R.P.F. staff moving in that bogie having got up hearing the alarm of the passengers showed his revolver at the appellant and his companions. At this, the culprits pulled the chain and while the train was still moving four of them escaped, but the appellant along with three others were caught being over powered by the passengers. When the train reached Railway Station the appellant as well as his three associates were made over to. the O.I.C. of Kharagpur C.R.P.S. along with same weapons of offence and cash recovered from them. One of the passengers, namely, Khoken Dasak (not examined) submitted the First Information Report, Ext. 1. On the point of jurisdiction, the O.I.C. of Kharagpur G.RP.S. sent the F.I.R. as well as the culprits including the appellant and the seized articles to the O.I.C. of Eslasors G.RP.S. for investigation. After completion of investigation, charge-sheet was submitted and the case having been committed is the Court of Session the appellant faced trial for the offence indicated above.

(3.) The defence was one of denial. No witness was, however, examined in support of the defence.