STATE OF ORISSA Vs. NENKURI

JUDGEMENT

(1.) This appeal is directed against the order of the Assistant Sessions Judge, Angul, in Sessions Trial No. 18-A of 1981, who has acquitted the accused persons of the charges under Ss. 395 and 397, I.P.C. This appeal has been admitted against Nenkuri alias Lokanath Naik, Alekha Naik alias Sahu, Judhistir Naik and Subudhi Naik and has been dismissed as against others.

(2.) The Assistant Sessions Judge framed charges against six known accused persons and two others under Ss. 395 and 397, I.P.C. on the allegation that they committed dacoity in the house of Pati Sahu at night on 25-5-1981 in village Kusumghati and framed charge against accused Sadasiva Sahu under S. 412, Penal Code. By the impugned judgment, the learned Judge acquitted accused Sadasiva of the charge under S. 412, Penal Code, for which he stood trial; acquitted accused Biranchi of the charges under Ss. 395 and 397; and acquitted accused Nenkuri alias Lokanath, Alekha, Judhistir, Subudhi and Kulamani alias Kulha of the charges under Ss. 395 and 397, but convicted them under S. 412, Penal Code and sentenced them to undergo rigorous imprisonment for two years. I am, therefore, concerned in this appeal with the legality of the order of acquittal of accused Nenkuri alias Lokanath, Alekha, Judhistir, and Subudhi of the charges under Ss. 395 and 397, Penal Code. 2A. According to the prosecution case, on 25-5-1981, in village Kusumghati, the informant Pati Sahu (P. W. 1), his wife, Rebati (P. W. 2) and father Bichhanda (P. W. 3) went to bed after finishing their night meals at 8 p.m. The front door was closed. At midnight, P. W. 1 heard his father calling him by his name and he woke up. Suddenly he found eight to ten dacoits armed with weapons entered inside his house. They were focussing torchlights and one of them dealt Thenga blows on his father who left the place immediately. Another dacoit asked him as to where he had kept the teak timbers. When P. W. 1 denied to have brought any timber, the dacoits dealt two blows on his person and pointed out a knife at him. The dacoits then tied him and his two field servants (P. Ws. 4 and 5) and one of the dacoits snatched away a pair of gold Noli and a pair of gold Fasia and one gold Nakadandi from the person of his wife (P. W. 2) causing injuries to her ear-lobes. They also took away cash of Rs. 6000/-, four sarees and several other articles and two torchlights belonging to the informant. Information was lodged before the Officer-in-charge, Jarpada Police Station on the next morning. P. W. 15 drew up the F.I.R. (Ext. 18) and after registering the case took up investigation. After completion of the investigation, charge-sheet was filed and ultimately the accused persons stood their trial.

(3.) Though the State has preferred the appeal against the order of acquittal of the respondents, but none of the respondents have preferred any appeal against their conviction for the charge under S. 412, I.P.C.