STATE Vs. PARESWAR GHASI

JUDGEMENT

(1.) RESPONDENT Pares-war Ghasi stood charged under Sections 395 and 412, I. P. C. and was acquitted. The appeal is against the order of acquittal.

(2.) PROSECUTION case may be stated in brief. A dacoity was committed in the house of informant Antarjyami Misra (P. W. 1) at about 11 p. m. on 20-11-60 in village ghungi in the district of Bolangir. F. I. R. (Ex. 1) was lodged on the next day at 7 p. m. Some of the orgnaments stolen from the house were referred to by descriptions in the F. I. R. Cash and other articles removed by dacoity were also mentioned in the FI. R. In course of investigation of Gaisilet P. S, case No. 2 of 1961 under Section 395, I. P. C. . the accused was arrested on 24-7-61. While in police custody the respondent gave information that he had concealed certain stolen ornaments in the wall of his house. In consequence thereof many gold ornaments were recovered from a hole in the wall of one of the rooms of the accused as pointed out by him on 26-7-61. The mouth of the hole had been closed with a brick and plastered with mud. The ornaments had been kept in two tin boxes. Out of 19 items of gold ornaments recovered, 11 items (M. Os. 1 to XI)were identified by P. W. 1 in a test identification parade held by the Sarpanch of padmapur (P. W. 14) on 31-8-61. The T. I. P. report is Ex. 9. The accused admitted recovery of M. Os. I to XI from the hole in the wall, but claimed them to be his own. He pleaded that he concealed those ornaments in the wall for safe protection as there was a dacoity in his own house in Bhadra 1960.

(3.) THE learned Assistant Sessions Judge accepted the case of dacoity in the house of P, W. 1. On the conclusion that the prosecution failed to prove that M. Os. I to xi belonged to the family of P. W. 1 he acquitted the accused.