FAGU DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) All these four appeals arise out of judgement and order of the learned Assistant Sessions Judge, Athagarh, passed in Sessions Trial No. 540 of 1988 wherein the appellants have been convicted under S. 395, IPC and sentenced to undergo rigorous imprisonment for nine years each, and since common question of fact and law are involved, they were heard analogously and are disposed of by this common judgement.

(2.) The prosecution case may briefly be stated thus : On 27-3-85 night while Debaraj Mohanty, P.W. 4 and his family members were asleep, some unknown culprits armed with gun, knife, etc. forced their entry to his house and at the point of gun and knife ransacked the house and decamped with bootie, such as, gold ornaments, cash, radio, clothe, etc. On a report being lodged in Athagarh Police Station a case under S. 395, IPC was registered and investigation was taken up in course of which the appellants were apprehended, some-alleged stolen articles were recovered whereupon T.I. parades of persons and properties were held and on close of investigation, charge-sheet was laid against the appellants to stand their trial.

(3.) Plea of the appellants was one of denial and false implication. So far as T.I. parade of person is concorned, appellants' grievance was that they had been shown to the witnesses by the Police prior to putting them in such parade.