MUNA @ ARJUNA KAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 5.04.2019 passed by learned 1st Additional Sessions Judge, Khurda in S.T. Case No. 147 of 2013. Both the appellants were convicted under Sections 454/395/397/307/427 of the Indian Penal Code (hereinafter referred to as 'I.P.C.' in brevity) and Sections 25 & 27 of the Arms Act and sentenced as follows:-

(2.) Prosecution case, in short, is that on 3.07.2013 at 11.30 A.M. five members of dacoit on being armed with weapon entered into Odisha Gramya Bank, Naranagada Branch under Jankia P.S. and committed dacoity of cash and gold ornaments terrorizing the bank staff and public. They fired gunshot as a result the cashier sustained injury. While they were fleeing away in a motor cycle, a boy had sustained injury. I.I.C., Jankia P.S. on getting information chased the culprits but it was in vain. The Branch Manager lodged F.I.R. resulting Jankia P.S. Case No. 159 of 2013 under Section 454/395/397/307/427 I.P.C. and Sections 25 and 27 Arms Act and Sections 3 & 4 of Explosive Substance Act. In course of investigation with the help of Scientific Team and dog squad at Dadhimachhagadia the motor cycle and stolen properties were recovered. On 8.07.2013 the I.O. arrested accused Badal Nayak and basing upon the statement of Benu dhar Barik recovered the motor cycle. Getting clue from that statement under Section 27 of the Evidence Act by Benudhar Barik, the other accused persons were arrested. In the T.I. parade accused Muna @ Arjuna Kar and Bhagaban Sahu (present appellants) along with one Benudhar Barik were identified by the informant and other two witnesses. After completion of investigation charge-sheet was submitted. The learned S.D.J.M, Khurda took cognizance. The case was committed to the Court of Session. Accused persons faced trial for offence under Sections 454/395/397/307/212/120-B/427 I.P.C. and under Sections 25 & 27 Arms Act and under Sections 3 and 4 of Explosive Substance Act. Seven accused persons faced trial. As one Badal Nayak expired the case against him was abated on 9.09.2015.The case against accused Benudhar Barik was slip-up vide order dated 12.10.2017 for his absconding.

(3.) P.Ws. 4,7,10,12,13,14,19,15,18,21,22 and 25 denied to have any knowledge about the accused persons. P.W.9 injured narrated the prosecution case. Learned trial court found that dacoity is proved. Basing upon the evidence of P.W. 2 and 33, i.e. informant and I.O. respectively, learned trial court held the present two appellants guilty while acquitted three accused persons, namely, Jiten Kumar Mohanty, Binayak Pradhan and Siba Brata Pattnaik. As stated above both these appellants are convicted and sentenced in the judgment passed on 5.04.2019.