HARIHAR SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) EIGHT accused persons were convicted by the Assistant Sessions Judge, Bhadrak, Under Sections 399 and 402, Indian Penal Code, and sentenced to undergo R.I. for four years on each count. The sentences were directed to run concurrently. Criminal Appeal No. 32/93 was filed by seven of the convicted persons whereas Criminal Appeal No. 35/93 was filedby the other convicted person, namely accused Babuli alias Gunanidhi Puhan. Both the appeals were taken up together and dismissed by a common order passed by the Additional Sessions Judge, Bhadrak. Five of, the convicted persons have filed the present Criminal Revisions which are being disposed of by this common judgment.

(2.) P .W.5, the S.I. of Police, Bhadrak (R) Police Station, while performing anti -dacoity patrol duty along with other members of the staff saw flashes of torch -light near Bhadrak -Dhamnagar Road at about midnight of 6/7.3.1992. Entertaining suspicion, he called some persons of Chunida Bazar and proceeded towards the place. It was found that about eleven persons were sitting under a tree and when challenged some of them escaped, but the eight accused persons were caught. On searching the aforesaid persons, weapons such as Bhujali, rifle, sword, iron crow -bar and khukri were recovered, a toy revolver, one torch -light and a rough sketch -map. Seizure lists were prepared. On his own information P.W. 5 drew up an F.I.R. and the various articles were seized under different seizure -lists. On completion of the investigation conducted by P.W. 5 himself, charge -sheet was submitted Under Sections 399 and 402, Indian Penal Code.

(3.) IN course of trial, P.Ws. 1, 2 and 3 - the three outside witnesses -stated that the seizure -lists were prepared at the police station on the next date of the alleged incident and the witnesses were asked to sign on the seizure -lists. These witnesses were declared hostile. P.W. 4, S.I. of Police. Bhadrak, had accompanied P.W. 5. Relying upon the evidence of P.W. 5 - the informant and the Investigating Officer - as corroborated by P.W. 4, the S.I. of Police, to the effect that the accused persons were found variously armed in a paddy field near Chunida, the Courts below have recorded the finding of guilt which is being assailed in these revisions.