RAMAKANTA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The aforesaid seven appeals arise out of the judgment and order of the Additional Sessions Judge, Balasore convicting the appellant Ramakanta Das (Jail Criminal Appeal No. 83/91), appellant Babaji Behera (Jail Criminal Appeal No. 92191), appellant Bauli alias Upendra Mahalik (Criminal Appeal No. 52/91), appellant Janardan alias Danardan Samal (Criminal Appeal No. 73/91) and appellant Dibakar Manalik (Criminal Appeal No. 90/91) under Section 395 of the Indian Penal Code (in short I.P.C.) and sentencing each of them to undergo rigorous imprisonment for seven years and further convicting appellant Srikant Mahalik (Criminal Appeal No. 58/91) and appellant Puma Chandra Rana (Criminal Appeal No. 70/91 under Section 411 of I.P.C. and sentencing each of them to undergo rigorous imprisonment for two years. All the appeals were heard together and are disposed of by this judgment.

(2.) Briefly stated, the prosecution case is that on 19/2Oth June, 1987, dacoity was committed in the house of P.W. 1 at village Bhandeswar. It is the allegation of the prosecution that when P.W. 1 and his family members were sleeping in their house, the culprits entered into the house of P.W. 1 being armed with lathis, revolvers and different deadly weapons and after assaulting P.W. 1 looted the properties like cash, ornaments, both gold and silver, sarees etc. F.I.R. was lodged by P.W. 1 in the early hours of 20.6.1987.

(3.) The plea of the appellants was complete denial.