MANGULU SAHU Vs. STATE

JUDGEMENT

(1.) THIS appeal is filed against the conviction and sentence passed on the appellant by the judgment of Shri A. Misra, Additional Sessions Judge, Cuttack, dated the 23rd March 1956.

(2.) THE judgment of conviction was passed by the learned Additional Sessions Judge after accepting the unanimous verdict of the jury that the appellant was guilty of robbery punishable under Section 394, I, P. C. The prosecution case, as disclosed in the evidence, is briefly as follows. Some 3 or 4 days-prior to the date of occurrence (10-2-55), the appellant along with three others visited Jndupur, the village of Banamali Sahu, the victim. The appellant is stated to have purchased some Mudi from the shop of Banamali Sahu and during; the conversation mooted the proposal of giving his unmarried daughter in marriage to Banamali's son who was at Calcutta, In the course of the said conversation, his companions left the place, but the appellant stayed on in Banamali's house on account of the marriage negotiations. The appellant persuaded Banamali (P. W. 7) to agree to meet certain-expenses in connection with the marriage and accompany him to his village for bringing the girl-and get the marriage performed. P. W. 7 in pursuance of those negotiations left the village along with the appellant carrying with him Rs. 60/- or Rs. 70/and a new Saree. They came to Jagatpur by bus and reached Bhubaneswar on that day by train. Next morning they left Bhubaneswar for Khurda Road on their way to the village of the appellant and got into a bus in the evening proceeding in the direction of Banki. It is stated that the appellant took Rs. 10/-from Banamali and was meeting the travelling expenses from Bhubaneswar onwards from that amount and also purchased another piece of Saree at. Khurda. The appellant made P. W. 7 set down from-the bus near about Diniari stating that his village was at a short distance from that place which is to be covered by foot. It was about 10 P. M. by that time and P. W. 7, followed the appellant through the rasta across the fields. When they reached a dry Nala which was an isolated place, it appears that the appellant threatened to kill P. W. 7, assaulted him with the stick (M. O. IV) and stones causing bleeding injuries on the head and other parts of the body. Out of fear P. W. 7 made over the Ganjia containing the cash and in that process the coins fell on the ground. The appellant engaged himself in gathering the coins throwing away the stick which P. W. 7 took and escaped. P. W. 7 found the place deserted, climbed up a jackfruit tree and remained there concealed for the whole night. In the morning he saw Diga Majhi (P. W. 8) who had come to answer call of nature and told him that he was robbed and assaulted, and asked him to show him the rasta. P. W. 8 showed him the way to Banki on which P. W. 7 proceeded and reached the hospital where he was admitted by P. W. 1, the Doctor and given treatment. P. W. 1 sent a report (Ex. 2) to the police about the injured. The Assistant Sub Inspector (P. W. 12) came to the hospital, recorded the First Information Beport (Ex. 5) and arrested the appellant.

(3.) THE appellant pleaded not guilty and stated that he brought one Saree (M. O. III) from Calcutta and purchased another Saree (M. O. II) at Jatni.