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HIGH COURT OF ORISSA
Jagannadhadas And Panigrahi, JJ.
SUKA MISRA - Appellant
Versus
STATE - Respondent
Criminal App. 16 Of 1950
Decided On : AUGUST 01, 1950
DAKITI - CONVICTION - EVIDENCE - CONFESSION - VOLUNTARINESS - PROCEDURE TO BE FOLLOWED BY MAGISTRATE - SECTION 163 (2) - CRIMINAL PROCEDURE CODE - INTERPRETATION - CONFESSION MADE TO MAGISTRATE - WARNINGS TO BE GIVEN - SUFFICIENCY - SECTION 395 - PENAL CODE - CONVICTION - LESS THAN FIVE PERSONS FOUND GUILTY - LEGALITY.
Fact of the Case:
Twelve persons were put on trial for dacoity, eight of whom were acquitted. The four appellants were convicted under Schedule 95, Penal Code, and sentenced to seven years rigorous imprisonment each. The prosecution case was that the appellants, along with certain other persons, forcibly entered the house of the complainant and committed dacoity. The main evidence against the appellants was the direct evidence of the eye-witnesses who were inmates of the complainant's house at the time of the incident, the recovery of some of the articles alleged to have been stolen, and the confessional statement of one of the appellants.
Finding of the Court:
The court upheld the conviction and sentence of three of the appellants, Sukdev Misra, Garjan Dummal, and Shyam Keot, under Schedule 95, Penal Code, and acquitted the fourth appellant, Sabda Pujari. The court held that the evidence against the three convicted appellants was sufficient to prove their guilt beyond reasonable doubt. The court also held that the confessional statement of Shyam Keot was admissible in evidence, as it was voluntarily made and the magistrate had complied with the requirements of Section 163 (2) of the Criminal Procedure Code.
Issues: 1. Whether the evidence against the appellants was sufficient to prove their guilt beyond reasonable doubt? 2. Whether the confessional statement of Shyam Keot was admissible in evidence?
Ratio Decidendi: 1. The court held that the evidence against the three convicted appellants, Sukdev Misra, Garjan Dummal, and Shyam Keot, was sufficient to prove their guilt beyond reasonable doubt. The court relied on the direct evidence of the eye-witnesses, the recovery of some of the articles alleged to have been stolen, and the confessional statement of Shyam Keot. 2. The court held that the confessional statement of Shyam Keot was admissible in evidence, as it was voluntarily made and the magistrate had complied with the requirements of Section 163 (2) of the Criminal Procedure Code. The court held that the magistrate had given the necessary warnings to Shyam Keot and had explained to him that he was not bound to make a confession and that his confession could be used against him. The court also held that the magistrate was not required to ask Shyam Keot why he was making a confession or to warn him that his confession could be used against him even if he retracted it.
Final Decision: The court upheld the conviction and sentence of three of the appellants, Sukdev Misra, Garjan Dummal, and Shyam Keot, under Schedule 95, Penal Code, and acquitted the fourth appellant, Sabda Pujari.
PANIGRAHI, J.
( 1 ) THERE are two appeals directed against the judgment of the Sessions Judge bolangir Kalahandi, in Sessions Case No. 27 of 1949. There are three appellants in Cr. App. No. 8 of 1950 and one in Cr. App. no. 16 of 1950. All of them have been convicted under Schedule 95, Penal Code and sentenced to seven years rigorous imprisonment each. . Altogether twelve persons were put on trial and eight of them have been acquitted.
( 2 ) THE case for the prosecution is that the appellants, along with certain other persons, numbering about thirty, forcibly entered into the house of the complainant Sardul Nag at about 10 P. M. on the night of 4-9-48 and committed dacoity. They were all armed with thabies, knives, lathis and torches, and carried away paddy, rice, utensils, molasses, as well as gold ornaments. On the next morning the complainant reported the matter to dasarathi, Gountia of Rugurupalli, a neighbouring village and also sent word to sribanta, Gountia of Nagapalli, another neighbouring village. Both the Gountias, along with other villagers, gathered at the house of the complainant, and thereafter Sardul Nag went to the Police Station at Sonepur and lodged F.. R. at about 7 P. M. on 5-9. 48. The Police took up investigation, recovered some properties from the houses of appellants 1, 2 and 3, viz. , Suke Misra, Sabda pujhari and Garjan Dumal (appellants in Cr. App. No. 8 of 1950) and charge- sheeted twelve persons, of whom as has been stated already-all except the four appellants were acquitted.
( 3 ) THE main incident of dacoity la spoken to by P. W. 11 (the complainant), P. W. 12 (wife of the complainant), P. W. 13 (mother of the complainant), P. W. 14, Damai Gourin (an inmate of the house) and P. W. 15 (a servant of the complainant ). Besides these persons, there were also in the house an infant son of the complainant, the complainant's sister and his farm servant, but these were not examined by the prosecution. The prosecution case is that some of the dacoits were known to the complainant even before the date of occurrence and that he could recognise the others by the light of the torches that they had been flashing in the course of the dacoity. The prosecution further alleged that some trails of rice were discovered along the path leading to the house of appellant 2, Subda Pujari, and some articles were recovered from his house. Appellant 4, Shyam Keot (appellant in Cr. App. No. 18 of 1950) absconded the day after the occurrence and was arrested on 27-12-48 by the Police of Binka police Station in connection with another offence said to have been committed by him. Shyam Keot made a confessional statement on 30-12-48 which was recorded by a Magistrate examined as P. W. 10. Thus, the case for the prosecution rests on the direct evidence of the eye-witneses who were inmates of the complainant's house at the time of the incident, the recovery of some of the articles alleged to have been stolen, the confessional statement of Shyam keot' one of the appellants. The prosecution has also relied upon a few circumstantial details.
( 4 ) THE complainant alleged in the F.. R. (Ex. 5) that as he was about to retire to bed on the night of 4-9-48, a person entered into his house and asked him for some fire and that he refused to give any fire at that hour of the night. Immediately, about 15 persons said to have been armed with knives and axes forced their way into the house and threatened to kill him. They forcibly opened the doors of the other rooms, and it is said that altogether about thirty persons committed theft of various articles belonging to the complainant. He could recognise, among them, appellant 1, Suka Misra, appellant 3 Garjan Dumal and appellant 4, Shyam Keot. The complainant gave a list of the properties stolen worth, according to him, Rs. 247. At the trial the complainant introduced an additional fact into the case, viz. , that a pair of silver bangles was removed from the wrist of his infant son and that
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