BABU ALIAS BADAL DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The two appellants in Criminal Appeal No. 62/85 and the appellant in Jail Criminal Appeal No. 75 of 1985 assail the order of conviction Under Section 395, Indian Penal Code, passed by the Additional Sessions Judge, Balasore, in Sessions Trial No. 15/18 of 1984. All the appellants have been sentenced to undergo R.I. for 6 years.

(2.) AS per the prosecution case, the appellants along with several other entered inside the house of the informant while she and her daughters (P.Ws. 2 and 3) were asleep. The culprits were variously armed. They removed all the valuables from the house of the informant after threatening the inmates. F.I.R. was lodged the next morning and after completion of investigation charge sheet was filed against the three appellants Under Section 395, Indian Penal Code, as other culprits could not be apprehended. - -

(3.) IN those appeals, it is contended by the two sets of counsels appearing on behalf of the appellants in both the appeals that the T.I. parade was held after unexplained delay and there were several other defects in the T.I. parade. It is also contended that there is no evidence on record to show the presence of sufficient light at the place of dacoity and as such the dacoits could not have been identified.