STATE OF ORISSA Vs. JAGANNATH JAGABANDHU BEHERA

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the learned Assistant Sessions Judge, Jagatsinghpur, acquitting the respondent of an offence punishable under Section 395 of the Indian Penal Code.

(2.) The prosecution case in brief is that in the night of 9-10-1976 a decoity took place in the house of P.W.l in course of which cash and gold ornaments were stolen. F.I.R. (Ext. 1) was lodged at Jagatsinghpur Police Station. After investigation of the case, charge-sheet was submitted against the respondent and some others.

(3.) The respondent could not be tried along with the other accused persons, because he was declared as an absconder. The case was split up against him, and after his arrest he was tried for having committed an offence punishable under Section 395 of the Indian Penal Code to which his plea was denial simpliciter.