KISHANLAL SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE five appellants with four co -accused persons stood trial in the Court of Mr. S. S. Sahani, Assistant Sessions Judge, Baripada, being charged under Sections 457 and 395 of the Indian Penal Code (for short the 'Code'). The appellants and the other culprits, it was alleged, committed house -breaking by entering into the dwelling house of Himanshu Sekhar Dey in his absence during the night of December 15/16, 1981, at about 2.00 A. M. and committed dacoity by assaulting one of the inmates and two neighbours and removing a number of articles belonging to Himanshu Sekhar Dey. On the basis of first information report lodged by the wife of Himanshu Sekhar Dey, as per Ext. 4, investigation was taken up in the course of which the appellants and some other suspects were arrested on December 19, 1981, the persons who had sustained injuries at the hand of the culprits were medically examined, witnesses were examined, seizures of some articles alleged to have been recovered on the basis of the statement said to have been made by the appellant Kala Singh were effected, some hairs of the appellant Kala Singh found on his Lungi left by him while escaping were examined by the scientific expert and a test identification parade was held. On the completion of investigation, a charge -sheet was placed against the appellants and the co -accused persons.

(2.) THE plea of the appellants and the co -accused persons was one of denial and false implication in the case.

(3.) ON a consideration of the evidence, the learned trial Judge found the appellants to be guilty of the charges under Section 457 and 395 of the Code, convicted them and sentenced each of them to undergo rigorous imprisonment for a period of three years under Section 457 of the Code and to undergo rigorous imprisonment for a period of eight years under Section 395 of the Code with a direction that the sentences would run concurrently. The co -accused persons who stood trial with the appellants were acquitted of the charges.