SK JAMIR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants in these two appeals have been convicted under Section 305, Indian Penal Code, and sentenced to undergo R. I. for 6 years.

(2.) The occurrence took place on 26-10-1990 at 11.00 P.M. in the house of P.W. 2, the informant. It is alleged that several unknown culprits entered inside the house forcibly and removed many valuable ornaments.

(3.) The two appellants along with one Rasa Sahu faced trial, whereas three other culprits though apprehended, escaped from the jail and have not been tried as yet. The other accused Rama Sahu has been acquitted by the trial Court since he could not be identified by the witnesses. The order of conviction is based on the evidence of P.Ws. 2 and 3, Their evidence relating to culpability of the two appellants is corroborated by the report of the Test Identification Parade wherein the witnesses had also identified the present appellants.