PRAVAKAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has been convicted under Ss. 395 and 457, Indian Penal Code, and sentenced to undergo R.I. for 7 years and pay a fine of Rs. 1,000/-, in default, to undergo R.I. for 6 months under S. 395 and R.I. for 2 years and fine of Rs. 1,000/-, in default, to undergo R.I. for 1 year under S. 457, Indian Penal Code. Both the sentences have been directed to run concurrently.

(2.) The appellant along with five others were tried. All the accused except accused Managovinda Swain were charged under Ss. 395 and 457, whereas accused Managovinda Swain was charged under S. 412, Indian Penal Code. Except the appellant all other accused persons have been acquitted by the trial Court.

(3.) As per the prosecution case, as revealed from the F.I.R., there was a dacoity by unknown miscreants in the house of P.W. 2 in the night of 25/26-7-1988 and thereafter in the houses of some others of the village. After arrest of the culprits, a T.I. parade was held on 14-3-1989 whereafter charge-sheet was submitted.