STATE OF ORISSA Vs. EKAN ALIAS EKARALI KHAN

JUDGEMENT

(1.) In this appeal the judgment of acquittal passed by the learned Assistant Sessions Judge, Dhenkanal, acquitting the respondents of the charge under Section 395 of the Indian Penal Code has been challenged.

(2.) Bereft of Unnecessary details, the prosecution case is that a dacoity took place in the midnight between 7-7-80 and 8-7-90 in the house of P.W. 1, the informant, of villages Ghatipir. In course of the dacoity some inmates of the, house were assaulted causing bleeding injuries. Some of the Women inmates were belaboured and gold ornaments were snatched away from their person. Valuables including cash and ornaments were stolen. P.W. 1 lodged First Information Report (Ext.1) at the Police Station after which investigation commenced. During investigation the injured inmates of the house were examined by the Medical Officer (P.W. 4) and were treated. For the purpose of identification of the culprits P.W. 10, the Special Judicial Magistrate held test identification parades in his court room as well as inside the jail. The respondents having been identified in the test identification parades after close of investigation, charge-sheet was submitted against them for having committed dacoity in the house of P.W. 1.

(3.) The respondents in their statements under Section 313 of the Criminal Procedure Code denied that they had participated in the dacoity. With regard to identification, they pleaded that the identifying witnesses were given opportunity of seeing them prior to the test identification parades, both inside the court as well as in the jail.