The court ruled on the reliability of witness identifications in Test Identification Parades and modified the sentence based on the appellant's age and the lengthy delay since the offense.

JUDGMENT :

SIBO SANKAR MISHRA, J.

1. The present Criminal Appeal, filed by the appellants is directed against the judgment and order dated 30.05.1992 passed by the learned Additional Sessions Judge, Balasore in S.T. No.7/4 of 1989, whereby the appellants have been convicted for the offences under Sections 395/457 of I.P.C. read with Section 9(B)(b) of the Indian Explosives Act. On that count, they have been sentenced to undergo R.I. for seven years each for the offence under Section 395 of I.P.C., to undergo R.I. for two years each for the offence under Section 457 of I.P.C. and to undergo R.I. for one year for the offence under Section 9(B)(b) of the Indian Explosives Act.

2. Heard Mr. Manoj Kumar Mohanty, learned counsel for the appellants and Mr. Ashok Kumar Apat, learned Additional Government Advocate for the State.

3. The appeal has been pending since 1992. During pendency of the appeal, barring the appellant No.1-Sitaram Jena and the appellant No.4- Birendra Jena, all the appellants have died on different dates. Therefore, the appeal qua the appellant No.2 (Madhusudan Jena), appellant No.3 (Panchanan Jena), appellant No.5 (Bhima Jena), appellant No.6 (Bangiri Jena), appellant No.7 (Bansidhar Jena) and appellant No.8 (Pratap Chandra Jena @ Kati) have already stood abated by virtue of various orders of this Court, which precisely reflected in the proceedings dated 09.04.2025 and 14.08.2025. In the absence of any application by the legal representatives or next friends of the deceased-appellants under Section 394 of the Cr.P.C. seeking leave to continue the appeal, the appeal qua the appellant Nos.2, 3, 5, 6, 7, and 8 stood abated. Accordingly, the present appeal survives for consideration only in respect of appellant Nos.1 and 4.

4. The prosecution case, as revealed from the F.I.R. (Ext.1), is that on the night of 16.01.1988, between 9:30 p.m. and 10:00 p.m., P.W.2 was sleeping in one room of their house at Nafrai along with his grandparents and younger brother. At that time, his mother (P.W.7) was awake, awaiting the return of her husband (P.W.1), who had not yet come back from his shop. At about 10:30 p.m., P.W.1 returned home, and after taking their meal, both P.Ws.1 and 7 retired to bed. While they were about to sleep, they heard a noise at the back door of the house. From the heavy thud, they suspected that some miscreants were attempting to break into the house. Shortly thereafter, they heard the door being forced open. Apprehending danger, P.W.1 opened the window and, in a state of panic, raised an alarm along with his wife (P.W.7), but no one responded. Meanwhile, they heard commotion from the room where the parents of P.W.1 were sleeping along with P.W.2 and his brother. The door of that room was also broken open, and the accused persons, having entered therein, looted gold and silver ornaments and other valuables belonging to the family. They further assaulted the father of P.W.1 and took away cash amounting to Rs.1,800/- kept in that room. Thereafter, the accused persons proceeded to the room where P.Ws.1 and 7 were sleeping. They attempted to break open the door by inserting a crowbar through the gap and also threatened P.W.1 by inserting a knife through the door, warning that he would be shot if the door was not opened. Out of fear, P.W.1 opened the door, whereupon 6 to 7 accused persons entered the room. They had covered their faces with mufflers and were armed with deadly weapons such as lathis and knives. The accused persons then broke open boxes and suitcases in the room and looted gold and silver ornaments, cash of Rs.1,800/-, and other articles including an umbrella