BADAL BEHERA KARTIKA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) BOTH the Criminal Appeal and the Jail Criminal Appeal arise out of the Judgment and order dated 31.07.2000 passed by the learned Assistant Sessions Judge, Nimapara in S.T. Case No.6/421 of 2000/1993. By the impugned judgment, the appellants have been convicted under Section 395 IPC and Section 9(b) of the Indian Explosives Act. They have been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.5,000/ -, in default to undergo rigorous imprisonment for one year more for the offence under Section 395 IPC and rigorous imprisonment for two years for the offence under Section 9(b) of the Indian Explosives Act.

(2.) PROSECUTION case, in short, is that in the night of 22/23.03.1991, the informant and his son had slept in one room of their newly constructed house to the western side of the old block houses. In another room in the southern side of the old block, his wife, daughter and one friends daughter had slept. Before going to sleep, the front and back entrance doors of the old block were bolted from inside with lock and key. At about 1.30 A.M., hearing the explosion of bomb near the front door of the old block, the appellant woke up. On coming out, he saw two persons standing in front of his bed room. The front door of the old house was broken and two persons were standing there. He also heard notice from inside. In fact, dacoits had entered inside the room where the female inmates were sleeping. They assaulted the wife and daughter of the informant and snatched away gold ornaments from their persons. They also looted other belongings. The informant assaulted the two persons, who were standing at the entrance door, by a lathi and entered inside the coutyard. He also attacked the dacoits who were committing robbery inside the room of the female folk. While chasing them out, he caught hold of one dacoit, but the others came back and assaulted him on his head and back, as a result of which, he lost his consciousness. On regaining sense, he found that apart from him, his wife and son had also been assaulted by the dacoits. His son was severely injured by knife and crow -bar on his belly and head and his wife had severe bleeding from her head and belly. The informant came out of his house and saw the miscreants running away. On hearing his cry, the local Sarpanch and about 20 to 30 villagers rushed towards his house. By that time, the dacoits already decamped along with the booty. The matter was reported to police, who investigated into the case and seized some material objects including the chance finger prints on two steel containers and took photograph of the same. Receiving information from the O.I.C., Balipatna P.S. that two of the dacoits were apprehended along with stolen articles, the I.O. went there, interrogated the culprits and seized some stolen articles. He also arrested some other culprits and seized some more articles. He took the finger prints of the accused persons and got the same compared with the finger prints appearing on the steel containers by the Finger Print Expert. On completion of investigation, charge -sheet was submitted against the accused persons.

(3.) THE defence plea is one of complete denial.