RAMESH CHANDRA LENKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner hereafter called as 'accused' faced trial alone with once Ganeswar Sahu for alleged commission of offence punishable under Sections 395/397/457 of the Indian Code, 1860 (in Short, 'IPC') and under Section 9(b) of the Indian Explosive Substances Act, (in short, the 'Explosive Act'). In total eight persons were involved. Three of them were convicted in a separate trial. Since petitioner and Ganeswar had absconded, the case was spit up.

(2.) The prosecution case so far as relevant is as follows : In the night of 25-7-1990 the inmates of the house of Mukunda Nath (P.W. 11) went to bed rooms around 12.30 p.m. The accused persons more than five in number entered into the Court-yard by breaking open the back door, and entered into PW 11's bed-room by breaking open with a 'Shiaki'. One of the accused was keeping watch at the verandah. They dragged the informant and his wife Sita Rath (P.W. 13), and assaulted them. They threatened to kill them if they made any noise, at the point of knives. They broke open the wall almirah and the wooden almirah and scattered the articles. They collected cash and gold ornaments and bundled them in a napkin. Thereafter they broke open the next room and scattered the articles also. They went to the room of daughter-in-law of P.W. 11 and broke open the doors by means a 'Sila' (stone grinder). Four of the culprits entered into the room, demanded keys from the daughter-in-law and threatened to kill her children. They brought an attache and threw it on the ground. By breaking open the boxes, they removed ornaments and cash worth Rs. 25,000.00. On demand the daughter-in-law (P.W. 15) showed the golden chain in the almirah, and bangles which she was wearing were handed over by her. The dacoits did not take the bangles, and threw it on the bed. They were wearing black banians and half-pants. Some of them had tied napkins on their heads. One of them was armed with katari. He was a short man with ordinary complexion. The age group of the accused persons was between 25 to 35. They were talking in Oriya and they had vivid knowledge about the location of different rooms of P.W. 11. They wear focussing a torchlight. In light of torch and an electric bulb lighted in the verandah, the culprits were identified by the inmates of the house. The dacoits also assaulted one Rasa Manthan, who was sleeping in the verandah. Due to assault the informant had bleeding injuries. P.Ws. 11, 13 and their field servant were also injured. When the villagers came the decoits threatened them by explosing bombs. Information was lodged at Jagatsinghour Police Station. List of articles stolen was given to the police officials. On the basis of information lodged investigation was undertaken.

(3.) The accused person denied the allegations.