DANARDAN SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in the present revisional application along with others were charged for committing offence under Sections 457, 335 and 397 of the Indian Penal Code (hereinafter referred to as 'I.P.C.') and under Section 9(b) of the Indian Explosives Act. The trial Court found the petitioner and three others guilty under Sections 457/395, IPC and sentenced them to undergo R. I. for three years under Section 457 and for seven years under Section 395, IPC. The petitioner and three others preferred Criminal Appeal No. 40 of 1992 before the learned Sessions Judge, Balasore. The appeal Court upheld the convictions and dismissed the appeal. Being aggrieved by the said judgment of the appeal Court, the petitioner has moved this revisional application before this Court.

(2.) THE prosecution case, as it appears from the materials on record, is : On November 19, 1990 at about 1.40 a. m. the accused person including the petitioner broke open the door of one Bapi Senapati, committed robbery, took away valuable gold and silver ornaments and exploded bombs to terrorise the local people at the time of escape. On receipt of information about the dacoity from one Himansu Sekhar Das (PW 4), the Officer -in -charge, Sadar P. S., Balasore arrived at the scene after recording a Station Diary. When the O. I. C. arrived at the place of incident, the dacoits had already left. The oral report obtained from Bapi Senapati (PW 1) was reduced to writing and was treated as FIR. A case was registered and the police took up investigation. On December, 2, 1990 at about 6.00 a. m. in the morning while the Investigating Officer (PW 17) along with his staff was returning from Haladipada he found four persons including the petitioner standing at Anand Bazar crossing of Balasore town in a suspicious manner. Seeing the police party, the said four persons including the petitioner started running away, but PW 17 with the help of his staff and other persons chased and caught them. In presence of witnesses, the Investigating Officer conducted personal search of the bodies of those four persons. From the possession of the petitioner he seized two nos. of gold coated bronze chudi and one gold ring fitted with white stone all of which were tied by a black cotton handkerchief and kept inside the pocket. The said ornaments seized from the petitioner were subsequently identified as parts of ornaments stolen from the house of Bapi Senapati on November 19, 1990.

(3.) THE petitioner along with other persons was identified by Sanghamitra Senapati (PW 11) at the Test Identification Parade held on December 28, 1990. The ornaments seized from the petitioner were also identified. The prosecution examined 17 witnesses to prove the charges. Upon consideration of the materials on record both the Courts below concurrently found the petitioner along with three other persons guilty of offence under Section 457 and 395 of the IPC.