STATE OF ORISSA Vs. HARACHAND KHILEI

JUDGEMENT

(1.) THE State of Orissa assails the judgment and order dated 7.8.1992 passed by the Chief Judicial Magistrate -cum -Assistant Sessions Judge, Sundergarh in S.T. No.140/7 of 1991 acquitting the respondents of the charge under Section 395 of I.P.C.

(2.) SUCCINCTLY stated, prosecution case is that on 25.3.1991, at about 9.00 P.M. after making dinner, the informant (P.W.2), slept in a room of his house while his father, mother (P.Ws. 3 and 1 respectively) and sister slept on the verendah. At about 1.00 A.M. hearing a thud on the door, when P.W.2 opened it, two of the accused persons rushed to his room and placing a bhujali each on his neck, threatened him to do away with his life, if at all he raised hullah. In the meantime, P.Ws. 1, 3 and their daughter got up. Some of the accused persons demanded the key from P.W.3 and asked him to show them the golden Lota and when there was no response, they started assaulting him; so out of fear, he opened the lock of the room where paddy had been stacked. In the meantime, they also took P.W.2 to that room and asked him about the golden Lota. When both P.Ws. 2 and 3 denied to have possessed any such Lota, the miscreants took them to the bed room of P.W.2 and assaulted them with 'bhujali and tamarind twigs, causing bleeding injuries. Since the accused persons started assaulting P.W.3, out of fear, he handed over Rs.1,000/ -, one pair of golden ear ring (karna fulla), one silver chain, and one silver armlet to them. Sometime thereafter, they opened the shop room of P.W.2 and packed some mixtures, biscuits, cigarette packets, tooth paste tubes etc. in a plastic bag and confining P.Ws. 2 and 3 in one room, chained the door from outside and decamped with the booty. It is further alleged that while decamping, they also took away one electronic key ring, one radio and one torch light. P.W.1 unchained the room where P.Ws. 2 and 3 were confined, whereafter P.W.2 informed the incident over phone to P.W.17, the O.I.C. of town Police Station, Sundergarh. On receiving the telephonic call, P.W.17 along with his staff rushed to the spot, where P.W.2 orally reported the incident before him, who reduced the same into writing. Treating the report as F.I.R., P.W.17 took up investigation, in course of which, he examined some witnesses in the self -same night, prepared the spot map and returned to the Police Station with his staff and registered the case under Section 395 of the I.P.C. On the day break, he sent both the injured persons (P.Ws. 2 and 3) to the hospital and examined some other witnesses. On apprehending the accused persons, he arrested them, forwarded them to Court, seized some incriminating materials and after completion of investigation finding a prima facie case, submitted charge sheet under Section 395 of the I.P.C. against them.

(3.) AFTER assessing the evidence on record, the trial Court held that there was a dacoity in the house of P.Ws. 1 to 3 in the night of 25/26.3.1991, but there was no sufficient material against the accused persons showing their involvement in the said dacoity and as such, acquitted them of the charge under Section 395 of the I.P.C.