DANIAL SINGH & ORS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners Danial Singh, Karnel Pani and Prano Singh along with four co-accused persons faced trial in the Court of learned Asst. Sessions Judge -cum- Chief Judicial Magistrate, Parlakhemundi, Gajapati in Sessions Case No.6 of 1996 (S.C. No.75 of 1996). The petitioners along with co-accused Jaya Singh, Alekha Pradhan, were charged under section 395 of the Indian Penal Code whereas the co-accused persons Sudarsan Pradhan and Dukhia Singh were charged under section 412 of the Indian Penal Code.

(2.) The prosecution case, as per the First Information Report dated 02.09.1994 lodged by one E. Bansidhar (P.W.11) before the officer in charge of R. Udayagiri Police Station is that on 02.09.1994 at about 11.00 a.m., the informant (P.W.11) along with drivers Narendra Kumar Das (P.W.9) and Raghunath Behera (P.W.10) came to the Treasury Office in a jeep of the Block Office bearing Registration No.OSG 8441 to submit the salary bills of the employees of Nuagada Block office. Seventeen bills were passed and carrying Rs. 2,24,672/-, the informant was returning to Nuagada at about 8.10 p.m. On the way about 2½ kms. away from the R. Udayagiri, at about 8.30 p.m., they found that stones have been stacked on the road blocking the passage.

(3.) In order to establish its case, the prosecution examined sixteen witnesses.