MOINUDDIN MOZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Moinuddin Mozumdar was convicted by the Assistant Sessions Judge, Silchar of the offence under Section 412, Indian Penal Code and was sentenced to rigorous imprisonment for a period of five years and a fine of Rupees 1,000/-. In appeal to the High Court of Assam and Nagaland the conviction was maintained but the sentence was reduced to rigorous imprisonment for one year and the fine was remitted.

(2.) The case arose out of a dacoity which took place at midnight of 1-3-1965 in the house of P.W. 1 Churamani Nath of village Nij-Katigora in the District of Cachar when ornaments and other articles worth about Rupees 1,300/- including a studio camera were stolen. Along with the appellant who was accused No. 1, two others Jamirudin and Samiruddin were put up for trial on a charge under Section 395, Indian Penal Code. The other two have been acquitted and we are now concerned only with the appellant. During the course of the investigation the camera which was one of the stolen properties in the dacoity was traced to the appellant and seized by the Police on 5-3-1965. The camera belonged to Udoy Shankar, P.W. 2 - a professional photographer. Udoy Shankar is the son-in-law of the aforesaid Churamani Nath P. W. 1 and was staying with him that night. He had the camera with him at the time. It would appear from the judgment of the trial Court that the appellant had been identified by P. W. 3 Charu Prabha Nath, the son of Churamani Nath, as one of the dacoits. But the learned Judge did not choose to proceed on this evidence of identification. He observed.

(3.) Both the Trial Court and the High Court have come to the conclusion that there was a dacoity as alleged by the prosecution in the house of Churamani Nath on the night of 1-3-1965 and that in the course of the dacoity a number of articles including ornaments, clothes and the studio camera in question had been stolen. At the time of the trial the appellant sought to prove that he had purchased the camera for Rupees 45/- from a certain Mizo boy named Thang Sanga some years previously and in support of his plea he produced a receipt Ext. A supposed to be attested by defence witness No. 1 Jatindra Kumar. Both the Courts, in our opinion, rightly rejected this plea because there could be no dobut that the alleged receipt Ext. A was fabricated for the purpose of the case. The receipt Ext. A had not been produced either before the Police during the course of the investigation nor before the committing Magistrate. A mere look at the receipt goes to show that it must have been fabricated. There was considerable evidence before the Court to show that the studio camera belonged to Udoy Shankar, P.W. 2 and that it had been correctly identified by him as his property. There is, therefore, no doubt that the appellant was liable to be convicted as a receiver of the property knowing or having reason to believe that it was stolen property.