MD BABU KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant in the captioned appeal challenges the order of conviction and sentence passed by the learned Addl. Sessions Judge, F.T.C.-II, Balasore for the offence under sections 395 of I.P.C. read with section 397 of I.P.C. read with section 14 of the Foreigners' Act in S.T. Case No. 133/74 of 2009/2008.

(2.) The factual matrix leading to the case of the prosecution is that on 21.5.2007 while the informant Raj Kishore Mohapatra was proceeding with his sister to the railway station, near Jyoti Hospital they found that wooden logs have been lying on the road to obstruct their way to go. When the driver of the car stopped the vehicle, the present appellant along with co-accused persons came near the car and assaulted the informant, his family members and removed cash, gold ornaments and three mobile telephones. Likewise they stopped an ambulance vehicle and also removed the valuables from the inmates of the ambulance vehicle. Then two motorcyclists came. The appellant and others stopped them and also forcibly removed cash and gold ornaments from their possession. A passenger bus came. The appellant and other coaccused persons came there, but the driver of the bus speeded up the vehicle and fled away. Thereafter the appellant and co-accused persons decamped the spot. Due to assault the informant and other inmates sustained injuries on their person. Thereafter the informant lodged the F.I.R. During course of investigation the police visited the spot and examined the witnesses. In further investigation police conducted T.I. Parade of the appellant and others. The police also seized the stolen materials from the appellant and co-accused persons. On police requisition the informant and other injured persons were examined by the doctors. Since prima facie case is made out, charge sheet was filed after completion of investigation.

(3.) The plea of the appellant as revealed from the statement recorded under section 313 of Cr.P.C. and the suggestion given during cross-examination to the prosecution witnesses, is squarely denial to the occurrence and he plead innocence.