STATE OF ORISSA Vs. KHORA PARADESI

JUDGEMENT

(1.) The State is in appeal against the judgment and order of acquittal recorded by the trial court finding the respondents, who had figured as the accused persons, not guilty of the offence of dacoity punishable under Section 395 of the Indian Penal Code with which they stood charged and also finding the respondent Jani Polia not guilty of the offence punishable under Section 414 of the Indian Penal Code with which he had separately stood charged. The appeal has stated as against the respondents 15 and 17 as they died during the pendency of the appeal, as per order Nos. 6 and 10 passed by this Court in this appeal.

(2.) The respondents, it was alleged, at about 10 p.m. on March 24, 1979, being armed with lathis and other instruments, committed dacoity in the house of Hrusikesh Panigarhi (P.W. 5) and removed gold, cash, clothes and utensils which had been witnessed by P.W. 5, his wife (P.W. 6), his daughter (P.W. 7) and his son (P.W. 8) who had figured as witnesses to the occurrence. On the basis of the First Information Report (Ext. 14) lodged by P.W. 51 investigation followed and on its completion, a charge-sheet was placed and the respondents were prosecuted. Their plea was one of denial and false implication. The prosecution had examined eleven witnesses to establish its case. Two witnesses had been examined for the defence. On a consideration of the evidence, the trial court found that no case had been made out against any of the respondents.

(3.) I have heard the learned counsel for both the sides who have taken me through the relevant evidence. It is not disputed at the Bar that a dacoity had been committed in the house of P.W. 5. The question is as to whether the respondents were the authors of the crime and in addition, as to whether the respondent No. 3 Jani Polia had assisted in the disposal of one of the stolen properties, viz., the Lota (M.O.1) which had been recovered from his possession.