JAMES KHALKO Vs. THE STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER James Khalko, Narendra Das and Pandu Ghasi were convicted by the Assistant Sessions Judge, Keonjhar, under Section 402, Indian Penal Code and each of them was sentenced to R.I. for one year and four months and to pay a fine of Rs. 500/ -; in default to undergo R.I. for two months more. Pandu Ghasi did not file any appeal. The appeal filed by Narendra Das was dismissed and he has nor filed any revision. The appeal filed by the Petitioner was dismissed and accordingly he has filed this revision.

(2.) PROSECUTION case may be stated in short. On 22nd of April, 1972 the A.S.I.H.K. Jena (P.W.14) attached to Barbil Police Station in the district of Keonjhar was on duty for checking suspects and bad characters. Barbil is mining area. There are labour settlements called huttings. Libia hutting are within the boundary of Orissa State while Hirjee huttings are within the boundary of Bihar State. At about 8 a. m. when P.W. 14 was in Libia huttings he found five persons near the railway lines drinking liquor. He with his police party challenged them. They ran inside the adjoining forest and felted stones when chased. P w. 14 came back to the police station for assistance. He lodged the Station Diary entry (Ext. 7). The Circle Inspector of Police of champua (p w. 17) was camping at that time at Barbil Police Station. He deputed a police party to trace out the culprits. P.w. 14 got information that those five persons had gone to Hirjee huttings and were taking liquor in the house of Manu Tanti (P.W.4). He with the police party entered inside the house of P.W. 4 for a raid and arrested Narendra Das and Pandu Ghasi. The other three persons escaped. Injuries were caused to P.W. 14 and two of the constables. A gun, daggers, knives and house braking instruments were recovered from Narendra Das and Pandu Ghasi. P.w. 14 produced them before P.W. 17 who drew up a plain -paper F.I.R. (Ext. 8) which he sent to the police station for registering a case as he was at that time at Nalanda, and himself took up the investigation. The Petitioner who had escaped from the house of P.W. 4 was arrested by Bihar Police. A Test Identification Parade was made before a Magistrate at Chaibasa wherein he was identified. Defence was one of denial.

(3.) BOTH the Courts below have concurrently found that there was an assembly of five persons in which the Petitioner was a member and those persons had assembled for the purpose of committing dacoity. The identity of the Petitioner as one of the member of the assembly was accepted.