BALA KRISHNA ACHARYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner and three others were put on trial under section 395, I.P.C. before the Assistant Sessions Judge, Ganjam, Berhampur in Sessions Case No.2 of 1989. Upon hearing the learned Assistant Sessions Judge while acquitting three of the accused persons, convicted the present petitioner for the said offence and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs. 2,000/- in default to suffer simple imprisonment for a period of three months.

(2.) Aggrieved by the said order of conviction and sentence the petitioner carried appeal to the Sessions Judge, Ganjam in Criminal Appeal No. 85 of 1993. The learned First Additional Sessions Judge on evaluation of the evidence agreed with the findings of the trial court and dismissed the appeal. It is against this judgment of the appellate court the petitioner has preferred the present Revision.

(3.) Shortly stated the prosecution case is that on 5-5-1987 at about 11.00 p.m. the petitioner along with two of his associates armed with axe and sword forced entry to the house of his father in-law Udayanath Bramha (since dead) and committed decoity of gold ornaments and cash etc. It is further alleged that while the crime was being committed three to four others culprits were loitering in the verandah. Having ransacked the house the petitioner and his associates decamped with the booties. A written report of the incident was lodged in Sadar Police Station, Berhampur where upon a case was registered, investigation taken up and on completion thereof, the petitioner and five others were charge sheeted to stand their trial under section 395, I.P.C. of the six accused persons the case abated against accused Gopalkrushna Patnaik since he died before fronting of charge. So far as accused Bijaya Naik alias Kaji is concerned, the case against him was split up. So there remained four accused including the petitioner who ultimately faced trial.