R TRINATH Vs. STATE

JUDGEMENT

(1.) The present petitioners along with G. Nageswar Rao, stood charged under Ss. 457 and 395, IPC read with S. 397, IPC, before the Chief Judicial Magistrate-cum-Assistant Sessions Judge, Jeypore. The trial Court found all of them guilty of the offence under Ss. 457 and 395, IPC convicted them thereunder and sentenced to suffer R.I. for five years each and to pay a fine of Rs. 1,000/- each and in default thereof to undergo R.I. for a further period of two months each.

(2.) The accused persons appealed before the Sessions Judge. The learned Sessions Judge, Koraput-Jeypore, gave the appellant G. Nageswar Rao, the benefit of doubt and acquitted him of the charges. She, however, found the other accused persons guilty of the charge under Ss. 457/395, IPC and upheld the order of Conviction and sentence recorded by the trial Court. These revision petitions are directed against the order of the appellate Court.

(3.) The prosecution case, in short, is that on 6-10-1992 at about 11 p.m. dacoity was committed in the residence of the informant Biraya Sethi (P.W. 1) while he was sleeping in his house along with his family members. According to the prosecution, the dacoits numbering about 8 to 10 persons being armed with knives, chains and lathis came to his house knocked at the door and asked him to open the door on several pretexts. The informant did not oblige them and as such they broke open the door, entered inside the house, tied the hands of the informant and assaulted him. Out of fear the informant handed over the key of the boxes on their demand. The dacoits took away cash amount of Rs. 17,260/-, 105 tolas of silver, 8 tolas of gold, two wrist watches, two torch lights etc. Before leaving the house they assaulted the wife of the informant and his daughter. While retreating the dacoits burst bombs to keep the villagers away. On the next day the informant (P.W. 1) lodged a written report with the Officer-in-charge, Padwa, Police-station. On the basis of the written report a case was registered and investigation started. The investigation resulted in filing of the charge-sheet, and eventually the accused persons faced trial before the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Jeypore. They had become unsuccessful in appeal.