RATNAKAR PALAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two criminal revisions arise out of toe order passed by the learned Additional Sessions Judge, Cuttack, altering the conviction of the petitioners from section 395 to section 392 of the Indian Penal Code (I.P.C. for short) and maintaining the sentence of rigorous imprisonment for four years on each of them. The revisions were heard analogously and this judgment will govern both.

(2.) According to the prosecution case, in the night of 15.2.1977 at about 10 clock a dacoity took place in the house of the informant Upendra Senapati (P.W. 1). He was sleeping inside a room of his house with his wife, Padmabati (P.W. 2). The other members of his family were sleeping in other rooms. He heard sound of explosion of bombs and got up from sleep. He focused his torch light through the cracks of the door and saw seven dacoits outside who forcibly removed the door leaves and four of them entered inside the nom where a lantern was burning. Two of them had crow-bars and one had a torch light. The dacoits who had crow-bars in their hands guarded P. W. 1 and the others focusing the torch light removed utensils, clothing, a transistor, a wrist-watch and a brass Hunda. Petitioner Ratnakar by force snatched away two gold plated bronze bangles from the wrist of P.W. 2 After committing dacoity, the dacoits left the house. The next morning the F.I.R. (Ext. 1) was lodged at the police station. After investigation charge sheet was submitted against the petitioners and flour other accused persons for an offence under section 395 I.P.C.

(3.) The defence of the petitioners has a complete denial of their participation in the dacoity.