KARUNA JAL AND ORS. Vs. STATE

JUDGEMENT

(1.) FIVE Petitioners have preferred this revision from jail against their conviction and sentence under Section 399, Indian Penal Code by the Assistant Sessions Judge, Sonepur which has been confirmed in appeal (Crl. Appeal No. 3 -B of 1976) by the Sessions Judge, Bolangir -Kalahandi.

(2.) EIGHTEEN accused persons including the five Petitioners were tried in the Court of Assistant Sessions Judge, Sonepur for having committed an offence under Section 398, Indian Penal Code. The case against them was that on 29 -4 -1974 in the night at about 1 a.m. all the armed persons being armed with lath is sticks and knives etc. attempted to commit dacoity in the house of complainant Chaitanya Sahu (P.W. 4) of village Saradhapali. The accused persons also assaulted the complainant and the other inmates of the house, his daughter Putna Sahu (P.W. 3) and his father (P.W. 6). When the complainant saw that about 8 to 10 persons armed with lath is etc. came from the side of his cowshed, he out of fear entered into his house and closed the door leaves of his entrance room. The accused persons gave blows to the door leaves to break open the same. The complainant then went to his Dhaba house and made hulla, and as the villagers gathered, the accused persons ran away. The complainant reported the fact before the Officer -in -charge, Tarva police station in writing as per Ext. 6. A formal F.I.R. was drawn up as per Ext. 7. After completion of investigation, charge -sheet was submitted against the accused persons.

(3.) AS no body appears for the Petitioners, who have preferred this revisions from jail, I have carefully gone through the records. I do not find any reason to differ from the finding of the Courts below that the accused -Petitioners along with others went to the house of P.W. 4 In the night of 29 -4 -1974 to commit dacoity, but their attempt was frustrated.