STATE OF ORISSA Vs. BHOLANATH NAYAK

JUDGEMENT

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

(2.) The prosecution case stated in brief is that in the night of 8-9-1972 a dacoity took place in the house of P.W. 7 Sankarsan Naik, informant. In course of dacoity, cash and ornaments were stolen, the women folk of the house were manhandled and ornaments worn by them were snatched away. First Information Report (Ext. 1) was lodged at Balikuda Police Station. Investigation commenced and in course thereof, a gang of dacoits were arrested. After close of investigation charge sheet was submitted against ten persons including the respondent for having committed an offence under Section 395 of the Indian Penal Code.

(3.) The respondent could not be tried along with the other accused persons because, for some reason or other, he could not be apprehended. At a subsequent stage of the trial, therefore, his case was split up as against him. The other accused persons against whom charge sheet was submitted stood their trial and I am informed at the Bar that the case ended in acquittal against them on the ground of unsatisfactory evidence with regard to their identification.