RUHIYA MURMU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE aforesaid three appeals arise out of S.T. Case No. 174 of 1995 in which the Appellants in all the three have been convicted by the learned Sessions Judge, Mayurbhanj, Baripada for commission of offence under Sections 394/397/302/34 of the Indian Penal Code (in short 'I.P.C.'). Appellants have been sentenced to imprisonment for life for conviction under Section 302, IPC, imprisonment for seven years for conviction under Section 397 IPC and imprisonment for five years for conviction under Section 394 of the said Code. However, these sentences have been directed to run concurrently.

(2.) THE case of the prosecution is that on 22.4.1995 at about 6.45 P.M. the informant P.W. 1 alongwith his deceased son were returning from Saraskana weekly market in a Rajdoot motor cycle after attending to their silver jewellery business and were carrying with them some silver jewellery. On their way back at Kasipal Chhak while they were negotiating the curve, one of the Appellants dealt a lathi blow to the informant, as a result of which, the informant fell down along with his deceased son. Appellants thereafter assaulted the informant as well as the deceased son and looted their silver ornaments by terrorizing them at the point of knife. In course of incident, Appellants also stabbed to the chest of deceased causing severe bleeding injury. After collecting the booty, the Appellants decamped from the spot through the paddy fields leaving the informant and deceased as well as their Rajdoot Motor Cycle, Soon after the incident, some people arrived at the spot and having ascertained the incident they made arrangement for their shifting to Sirsa Hospital for treatment. At the same time, some persons left for Saraskana Block Office to send information about the incident over telephone to Jharpokharia Police Station. On receipt of a telephonic message from P.W.2, the O.I.C. of Jharpokharia Police Station made an entry about the said message in the Station diary and visited the spot. The deceased was taken to the hospital where he was declared dead. Investigation was taken up and on completion of investigation, charge sheet was submitted against all the three Appellants for commission of the aforesaid offences.

(3.) THE Judgment of the trial Court is assailed before This Court on the ground that the identifying witness P.W.1 had occasioned to see the Appellants in the police station prior to the T.I. Parade and, therefore, the T.I. parade lost its sanctity. It was further contended that if identification of the T.I. Parade is not accepted because of the reasons stated above, only on the basis of recovery of stolen articles conviction cannot be made. It was also contended that if the evidence with regard to identification is not accepted, the offences under Sections 302 as well as 397 of the said Code only on the basis of recovery of stolen articles could not be made out and the Appellants could not have been convicted for commission of offences under Sections 302/397/394 and 34 IPC.