SK JAMIR AND Vs. STATE

JUDGEMENT

(1.) These appeals are taken-up for hearing together as they arise out of one and same Judgment.

(2.) In these appeals from Jail, the appellants seek to assail the order of conviction and sentence passed by the learned 1st Additional Sessions Judge on 16-11-1994 in S.C.No. 41/91. All the accused stood charged under Section 395 I.P.C. for having committed dacoity in the house of Tarini Charan Padhy on the night of 29-5-1990 at Nigam Nagar, Berhampur. The accused Rama Sahu alias Lalu alias Bhola Sahu and Sk. Jamir stood further charged under Section 412 I.P.C. for having dishonestly received stolen property obtained by the commission of dacoity.

(3.) Briefly stated, the prosecution case is that the informant Tarini Charan Padhy (P.W.2) is a resident of Nigam Nagar, Berhampur. In the night of 29/30-5-1990, he went to sleep along with his family members. He was sleeping along with his second son Jugal Kishore Padhi in one room, whereas his wife Susama Padhi (P.W.4) and the younger son Bimal Kishore Padhy (P.W.5) were sleeping, at about 2.20 A.M. five miscreants entered into the house by breaking open the front door. Three miscreants jumped over the informant and tied him down with his own "Gamucha" (napkin). They also tied down his second son Jugal who was also then asleep. The informant raised hulla and his younger son and his wife woke up. The culprits entered their room and brought both of them to the room of the informant at the point of knife. Thereafter, they forcibly removed gold ornaments, such as, gold bangles, gold ear-ring, gold chain from the person of his wife Susama. They also forcibly took away the H.M.T. watch which was kept under the pillow of the informant. One of the miscreants, opened the almirah and took away one gold necklace weighing about 3 tolas and one Alfa camera and two spectacles. They also removed some documents and cash amount of Rs. 750/-. During the commission of dacoity, he identified Abdul Kadir, Manirul Mulla and Sk. Jamir. After the commission of dacoity, the miscreants decamped with the booty. At the time of commission of dacoity the culprits also assaulted his wife causing injury on her person. He thereafter rushed to S. N. Pur P. S. and lodged a written complaint with them at about 4.30 A.M. On the basis of the written complaint, an FIR was drawn-up and the case was registered under Sections 457/395 I.P.C. The police took up investigation and then visited the spot where they found mark of violence on the door which was broken and the articles of the house were scattered. The almirah and the trunks were opened. The witnesses were examined and the wife of the informant, namely, Sushama Padhy was sent for medical examination.