BABAJI NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two Criminal Revisions arise out of the decision of the Sessions Judge, Balasore, in Criminal Appeal No. 40 of 1992, Wherein the common appeal of these petitioners and of the Co-accused Danardan Samal was dismissed and their conviction under Secs. 457 and 395, Indian Penal Code, as well as sentence of 3 years RI and 7 years RI respectively was confirmed. The Co-accused Danardan Samal had filed Criminal Revision No. 416 of 1993 which was allowed in part by judgment of this Court dated 11-3-1995 and the conviction under Sec. 457, Indian Penal Code, was set aside and the conviction for the offence under Sec. 395, Indian Penal Code, was confirmed, but the sentence was reduced to six years RI.

(2.) The four convicted persons along with two others had faced trial in S.T. Case No. 21/39 of 1991 in the Court of the Assistant Sessions Judge, Balasore. Therein, the Co-accused Anil Kumar Rana charged under Sec. 412, Indian Penal Code, and Co-accused Bijuli alias Bijay Behera charged under Secs. 395 and 457, Indian Penal Code, were acquitted.

(3.) The prosecution case, briefly stated, is as follows: In the night of 18/19th November, 1990, the culprits broke open the door of one Bapi Senapati (PW 1) and committed dacoity. The oral report of PW 1 was treated as FIR. Five persons were apprehended on the allegation that they had committed dacoity and some ornaments were recovered from the possession of accused No. 1, Anil Kumar Rana, who has been acquitted. Though other witnesses could not identify the culprits, on the basis of evidence of PW 11, one of the inmates, the trial Court convicted the four accused persons under Secs. 395 and 457, Indian Penal Code and sentenced each of them to undergo RI for 7 years and 3 years respectively with a further direction that the sentences are to run concurrently. All the accused persons were acquitted or other charges under Sec. 397, Indian Penal Code, and Sec. 9(b) of the Indian Explosives Act. As already indicated, the Criminal Appeal filed by all the four convicted accused persons was dismissed by the Sessions Judge.