BARUN KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, by filing this appeal, has called in question the judgment of conviction and order of sentence dated 29.04.1992 passed by learned Addl. Sessions Judge, Balasore in S.T. Case No.23/129 of 1991. The appellant with others having faced the trial for commission of offence under section 395 IPC has been found guilty for commission of offence under section 412 IPC and has been sentenced to undergo rigours imprisonment for a period of seven years. All other accused persons who stood charged for commission of offence under section 395 IPC have been acquitted.

(2.) The prosecution case in short is that on 11.1.1991 in between 8.10 P.M. to 10.30 P.M., the informant (P.W.2) was working as a clerk in Haldipada rice mill along with the cashier, accountant and other employees who were working in the down-stair of the building. During then, around 16 to 17 miscreants being armed with gun, bomb, lathi, knife etc. entered into the office room, they manhandled the cashier and assaulted and threatened him to handover the key as well as the cash. Being frightened, he handed over the key and the miscreants took away the cash by opening the iron chest and thereafter taking the informant (P.W.2), they went to the up-stair of the building where the owner of the mill, P.W. 13 was staying with his wife. From that room they took wrist watch of P.W. 13 and opening the almirah they also took some utensils and other articles including DBBL gun and a VCP (M.O.XII). Carrying those looted articles, they decamped. Around 10.00 P.M., police arrived at the spot P.W. 2 then lodged the written report Ext. 1. The same being treated as FIR, case was registered. In course of investigation, culprits were caught in the other case and remanded in the present case. The I.O. has recovered the gun as well as VCP (M.O.XII) and seized those. On completion of investigation, charge sheet having been submitted, this accused with seven others faced the trial.

(3.) Prosecution in the trial examined thirteen witnesses and proved the FIR, seizure list and other contemporaneous documents prepared and seized in connection with the case. The stolen articles such as the gun and VCP (M.O.XII) have been placed during the trial for identification and marked as material objects. The trial court on analysis of evidence and upon their evaluation has found the accused persons not guilty for commission of offence under section 395 IPC. This accused namely, Barun Kumar Das has been found guilty under section 412 IPC for having received the VCP (M.O. XII) knowing to be having dishonestly received that stolen property knowing it to have been obtained by commission of dacoity and accordingly, he has been sentenced as aforesaid.