STATE OF ORISSA Vs. KARTIKA NAIK AND ORS.

JUDGEMENT

(1.) SIX accused persons were committed to the Court of. Sessions to stand their trial under Section 395, Indian Penal Code. After trial, the learned Additional Sessions Judge convicted the accused Bigyan Malik under Section 395, Indian Penal Code and sentenced him to R. I. for seven years and acquitted the other accused persons. The Criminal Appeal has been preferred by the convict Bigyan Malik against his conviction and sentence and the Government Appeal has been preferred by the State against the order of acquittal.

(2.) THE prosecution case was that on the night of 22 -1 -1974 the accused persons committed dacoity in the house of one Ananta Baisakh of village Badakorakora under Govindpur Police Station and removed cash and jewellery worth Rs. 5000/ -.

(3.) THE question raised is whether the commitment and the trial are vitiated due to non -examination of the approver at the committal stage. The learned Addl. Standing Counsel appearing for the State of Orissa and Mr. S.C. Sahu appearing for the convict Bigyan Malik conceded that the commitment and the trial were vitiated due to non -examination of the approver and that the entire case may be remitted to the committing Magistrate for proceeding with the committal proceeding. In my opinion, the concessions is well founded.