GANESH PRASAD SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has been convicted under S.394, I.P.C. and has been sentenced to undergo rigorous imprisonment for four years by the learned Additional Sessions Judge, Sambalpur. Nine accused persons including the petitioner stood their trial under S.395, I.P.C. on the allegation that they committed dacoity in the night of 18-11-79 in the house of one Prabhudayal Agarwala of village Banabira under Sohela Police Station before the learned Assistant Sessions Judge, Sambalpur and seven of them were acquitted of the charge under S.395, I.P.C., but the petitioner and one Dilip Kumar were convicted under S.395, I.P.C. and were sentenced to undergo rigorous imprisonment for four years. On appeal, the Additional Sessions Judge acquitted accused Dilip Kumar and altered the conviction of the petitioner to one under S.394, I.P.C. but maintained the sentence of rigorous imprisonment for four years.

(2.) The prosecution alleged that on 18-11-79 at night there was a dacoity in the house of P.W. 9 during midnight while all the inmates of the house were asleep. Some 10 to 12 persons armed with deadly weapons and crackers came to the house and asked P.W. 9 to open the door, but when P.W. 9 refused to oblige them, the dacoits broke open the door and after assaulting the inmates of the house removed the cash and ornaments. Some of the inmates were injured. P.W. 9 called aloud for help of the villagers and before arrival of the villagers the dacoits left the house with the booty. P.W. 6 who is also an inmate of the house lodged the First Information Report at Sohela Police Station. The police registered a case under S.395, I.P.C. and sent requisition for medical examination of the injured persons. The police then investigated into the offence, made some seizure and conducted a Test Identification Parade. Confessional statements of some of the accused persons were also recorded and on completion of investigation, the charge-sheet was filed against nine accused persons.

(3.) The defence plea is one of denial.