The identification of suspects during T.I. Parade, despite a notable delay, is valid when corroborated by reliable evidence and witness recollections in cases of dacoity involving armed assault.

JUDGMENT :

Chittaranjan Dash, J.

1. The Appellant, namely Tinkia @ Tankadhar Sahu of Village Kantio, P.S. Tumusingh, Dhenkanal faced the trial on the charges under section 396 of the Indian Penal Code, 1908 (in short, herein after referred to “ IPC ”) and under section 9(B) of Indian Explosives Act before the learned Sessions Judge, Dhenkanal-Angul for having committed dacoity in the house of one Patayat Sahu – the Informant and murder of his father, namely Kapileswar Sahu, at village Nuasalapada under P.S. Kamakhyanagar in furtherance of common intention being assisted by others wherein, the learned trial court found the Appellant guilty in the offence under section 395 , convicted and thereafter sentenced to undergo rigorous imprisonment for 5 years each and to pay a fine of Rs.1000/- each, in default to undergo R.I. for another 6 months each. Further sentenced to undergo R.I. for 6 months each for the offence section 9(B) of Indian Explosives Act and directed both the sentences to run concurrently. In the while, Appellants 1 and 2, namely Dilip Dash and Sashibhusan respectively have expired during the pendency of this appeal and their appeal stands abated vide order dated 31.10.2022. The present appeal, therefore, is confined only to Appellant Tinkia @ Tankadhar Sahu.

2. The prosecution case in brief is that on the intervening night of 15/l6.6.1988, some persons including the present appellants being armed with sword, knife and lathis trespassed into the house of the complainant P.W.1 in village Nuasalapada, murdered his father and further assaulted the inmates of the house, and forcibly took away cash and ornaments valued at Rs.20,000/-. It was alleged that in process of investigation, the accused persons escaped by exploding bombs thereby terrorizing the inmates of the house and the villagers. Soon after the occurrence police arrived at the spot on receiving a telephonic message and drew up the F.I.R. on the oral report of Pattayat Sahu – P.W.1 and took up investigation.

3. In course of the investigation, S.I. – A. K. Mahanty (P.W.9) was the O.I.C. of Kamakhyanagar P.S. Upon receiving a telephonic information on 16.6.1988 at 12:45 AM, about an occurrence of dacoity in Village Salapada, he moved to the spot with all the officers at about 1:00 AM. He received the oral report of the Informant P.W.1 and reduced it to writing. He examined the witnesses at the spot, held inquest over the dead body of the deceased as per Ext 11 and the dead body was sent for P.M. examination as per dead body challan Ext 12. The injured persons – P.W.1, Nirupama, Chhaya, Nadia, and Mandodari P.W.3 were also sent for examination. He seized blood-stained cement, sample dust, some paper pieces having the smell of crackers, pieces of jute, blood- stained Kantha and pillows, a tape recorder, some wooden boxes, a knife, one Sal stick, one small tin box, command certificate, a blood- stained white dhoti. Station Diary No. 291 was made and seizure list can be found in Ext. 13, 14 and 15. On 17.6.1988, C.I. – S. K. Panigrahi (P.W.10) took over the investigation. He again visited the spot and examined witnesses. On 26.1.1989 the accused Dilip, Sashi and Sarat were apprehended in Kamakshyanagar Police Station, P.S. Case No.6 U/s.395 I.P.C. and the investigation which had come to an end upon submission of a final form, was reopened. The weapon of