JOGI MAHARANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER Jogi Maharan has preferred this revision against the judgment of the Sessions Judge, Puri, in Criminal Appeal No. 214 of 1984 confirming the order of conviction and sentence passed against him under Section 395, I.P.C. by the learned Assistant Sessions Judge, Nayagarh.

(2.) THE gist of the prosecution case is that on the night of 4.4.1981 at village Kantabania the Petitioner along with others committed dacoity in the house of the informant (P.W. 1) and carried away gold ornaments of the inmates of his house, besides cash of Rs. 2, 000/ - and that during the course of the commission of the dacoity. P.W. 1 was assaulted by some of the dacoits.

(3.) THE prosecution has examined in all eight witnesses to prove its case, P.W. 1 is the informant, P.Ws. 2 to 4 are the neighbours of P.W. 1 who were examined to prove the occurrence of dacoity in the house of P.W. 1. P.W. 5 is the doctor who examined P.W. 1 regarding his injuries. P.W. 6 is the Grama Rakshi of the village and he also states about the occurrence of dacoity in the village. P.W. 7 is the Magistrate Who conducted the T.I. parade regarding the suspects, P.W. 8 in the Investigating Officer.