SARBESWAR @ SARBA KHILLAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant in Criminal Appeal No.188 of 2010 namely Sarbeswar @ Sarba Khillar, the appellant in Criminal Appeal No.267 of 2010 namely Bishnu Behera, the appellant in Jail Criminal Appeal No.49 of 2010 namely Krushna Behera @ Dhadia and the appellant in Criminal Appeal No.241 of 2013 namely Gitu @ Jitu Majhi faced trial in the Court of learned Adhoc Addl. Sessions Judge, F.T.C. No.I, Puri in S.T. No.9/31 of 2008 for offences punishable under sections 395, 397 and 458 of the Indian Penal Code and section 25 of the Arms Act.

(2.) The prosecution case, in short, is that in the intervening night of 11/105.2007 at about 130 a.m., there was a dacoity in Badalpur Math under the jurisdiction of Kanas police station. P.W.2 Sarat Chandra Das was the Mahanta of the said Math. He along with the other inmates was sleeping in different rooms and in the courtyard of the Math. Eight to ten culprits being armed with different weapons entered inside the Math by scaling over the compound wall, assaulted the inmates of the Math and terrorized them and took away the valuable articles such as mobile phone, silver ornaments of the deity and gold and silver rings of the Mahanta, four bicycles and cash of Rs.6500/-.

(3.) P.W.2 lodged the first information report before the officer in charge of Kanas police station on 12.05.2007, on the basis of which Kanas P.S. Case No.25 of 2007 was registered under section 395 of the Indian Penal Code against eight to ten unknown persons.