RUPA KUMAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Both the appeals at the instance of three appellants, namely, Rupa Kumar Sahu, Abdul Hanan Khan and Abdul Wahab Khan arising out of the same judgment dated 18/9/1987 passed by the learned Sessions Judge, Balasore in S.T. No. 51 of 1987 were heard together and are being disposed of by this common judgment. All the three appellants were convicted under Section 395, IPC and each of them was sentenced to R.I. for eight years and to pay a fine of Rs. 2,000.00 in default to undergo R.I. for six months more.

(2.) The appellants were prosecuted on the aforesaid charge under Seciton 395, IPC for committing dacoity of 35 quintals of aluminium wire from the godown of Basta Section Office of Orissa State Electricity Board. In this case in course of trial, in all twelve witnesses were examined on behalf of the prosecution. P.Ws. 2, 3 and 4, namely, Bidyut Kumar Das, Piru Besra and Subash Chandra Barik respectively were the eye witnesses. The booty of the dacoity i.e. 35 quintals of aluminium wire were not recovered from the custody/possession of any of the appellants. These aluminium wire were found lying on the bank of a river and from there the police recovered the same. It is also the admitted case that none of the alleged eye witnesses knew the appellants by name.

(3.) P.W.3 alone identified all the appellants in a T.I. parade conducted by the Magistrate inside the Jail. However, the two eye witnesses, namely, P.Ws. 2 and 4 did not participate in the T.I. parade. P.Ws. 2 and 4 identified the appellants for the first time in the trial Court. This is the evidence relied upon by the prosecution. Another circumstance relied upon by the prosecution is that, in course of the dacoity a green coloured truck was used. One truck while passed through a Toll Gate, its number was noted by the person at the toll gate. It is also the prosecution case that the toll gate is situated at a distance of 3 kms. from the place of occurrence. Further circumstance relied upon by the prosecution in this regard is that one green coloured truck was found parked in front of the shop of appellant No. 1, Rupa Kumar Sahu. The said truck was seized by the police and appellant Rupa Kumar Sahu was tried in the case.