BANAMALI SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision petition is directed against the judgment and order dated 9-8-1995 passed by the 2nd Additional Sessions Judge, Puri, confirming the judgment and order dated 29-4-1992 passed by the Assistant Sessions Judge-cum-Additional Chief Judicial Magistrate, Puri. The learned Assistant Sessions Judge had found the accused-petitioner Banamali Swain along with accused Rabi Mohanty and Santosh Sahu guilty under Sec. 457/395, IPC and Sec. 9(b) of the Indian Explosives Act and convicted them thereunder. All the three accused persons had been sentenced to undergo rigorous imprisonment for seven years for the offence under Sec. 457/395, IPC and one year for the offence under Sec. 9(b) of the Indian Explosives Act, the sentence to run concurrently.

(2.) From the record it is found that five accused persons, namely. Santosh Sahu, Banamali Swain (present petitioner), Agani Lenka, Bhagaban Sahu and Rabi Mohanty were charged under Sec. 457/395, IPC and also under Sec. 9(b) of the Indian Explosives Act. Out of them, the trial Court found three accused persons, namely, Rabi Mohanty, Banamali Swain and Santosh Sahu, guilty of charges and convicted and sentenced them as stated above.

(3.) Prosecution story in brief is that on the night of 30/31-5-1989, all the family members of the informant Jagu Kap were asleep. At about 1-30 a.m. there was knock on the door stating that his son in-law Raju Biswal and one Kuni Tripathy were fighting with each other at Jora Gohira. On hearing this, the informant and his son woke up and went towards the entrance room. The son of the informant opened the door. It is alleged that as soon as the door was opened the miscreants who had knives in their hands rushed into the room. One of the accused persons stabbed the informant causing injury on his left cheek. The son of the informant escaped through the back door and raised cry for help, but due to explosion of bombs by the miscreants, the villagers did not dare to come. According to the prosecution, the miscreants entered the bed room of the informant and broke open the almirah, etc., which the informant saw by remaining at the staircase of the house. Thereafter, the accused persons escaped with the booty.