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1956 Supreme(Ori) 105

RAO
BALI NATH – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Asok Das, for the Appellant; Government Advocate, for the Respondent

JUDGMENT :

Rao, J. - The four Petitioners were convicted u/s 411 of Indian Penal Code and each was sentenced to undergo rigorous imprisonment for nine months. Their convictions and sentences were confirmed in appeal by the learned Additional Sessions Judge, Puri.

2. The Petitioners were tried for offences punishable under sections 457, 380 and 392 of the Indian Penal Code, but were acquitted of the said offences and were convicted by the trying Magistrate u/s 411 of the Indian Penal Code.

3. The prosecution case was that there was a robbery in the house of the complainant on the night of 11.11.53 resulting in the theft of gold ornaments worn by P. W. 2 with some utensils and other articles. On suspicion the houses of the accused persons were searched and certain articles were recovered from their custody. From the house of accused Balinath three pieces of Kurujatakamala of gold along with Kanthi were recovered. From the hose of Joga Patra five pieces of Chapasari-mala and two Kanthis of gold were recovered and from the house of Petitioner Joga Patra five pieces of Chapasari-mala were recovered. From the house of Kela Malik four pieces of Chapasari-mala were recovered. The Petitioner J








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