STATE OF ODISHA Vs. BHAGABAN SABAR

JUDGEMENT

(1.) This application under Sec. 378(1) and (3) of the Cr.P.C. has been filed challenging the judgment dtd. 3/4/2007 passed by the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Bargarh in S.T. Case No. 176/06 of 2006 -07 acquitting the Opp. Parties 1 to 4 from the charge under Ss. 399, 402 of the IPC.

(2.) The prosecution case in brief is that the O.I.C., Bargarh P.S. received a reliable information on 22/3/2006 over phone that a gang of criminals consisting of 5 to 6 members of Bolangir, Nuakhuli and Bargarh areas have assembled near railway over bridge Panichhatar and were making preparation for committing dacoity near Saraswati Enclave in the house of Gajendra Behera. He went to the spot along with his staff, A.S.I., havildar and home guards. He took two witnesses namely Bije @ Bijaya @ Hadu Sharma and one Ajit Saha and reached the spot at 2.00 AM. He found the persons assembled there near the Railway over bridge. They surrounded the spot and on seeing the police party, the persons who had assembled there tried to escape but were apprehended by the police. On being asked repeatedly, they disclosed their names and identity to be Bhola Naik, Bhagaban Sabar, Jugunu Sahu, but they were unable to give any answer for assembling there in the odd hours of the night. They disclosed the name of other offenders who fled from the spot to be Dillip @ Magsira Dhibar, Dayanidhi Bag. On further interrogation they stated that they were preparing for committing dacoity in the house of Gajendra Behera. During their personal search in presence of the witnesses one sword, one knife, one iron rod, two half consumed I.D. liquor bottles, five empty bottles of I.D. liquor and some mixture was recovered from them. A case was registered on the information of P.W.3-O.I.C., Bargarh P.S. and after investigation charge sheet has been submitted.

(3.) During course of trial, the prosecution examined seven witnesses. No witness was examined by the defence.