LAWS(ORI)-2019-2-17

AKSHYA KUMAR MOHANTY Vs. STATE OF ORISSA

Decided On February 05, 2019
Akshya Kumar Mohanty Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) This revision by accused petitioner is directed against the judgment dtd.27.03.2001 of learned Sessions Judge, Keonjhar in Criminal Appeal No.55 of 1995 in dismissing the appeal and thereby confirming the conviction of the accused petitioner U/s.393 of the Indian Penal Code and upholding the sentence R.I. for two years and fine of Rs.1000.00, in default, R.I. for further two months in the judgement dated 25.08.1995 passed by learned J.M.F.C., Keonjhar in G.R. Case No.282 of 1991.

(2.) Put simply, the prosecution case is that on 11.5.1991 at about 8.45 P.M. the informant (P.W.5), a salesman had been to the shop of Santosh Kumar Behera (P.W.1) at Raisuan Bazar and after collecting money of Rs.1800.00, kept the same in the hand bag. While coming back, the accused threatened him at the point of sword and causing injury, committed robbery of the bag containing money. On the filing of F.I.R. (Ext.4), Keonjhar Sadar P.S. Case No.39 dtd.11.5.1991 was registered U/s.394 of I.P.C. After completion of investigation charge-sheet was submitted.

(3.) Accused took the plea of denial.