MD. NIAZUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.D. Singh, learned Counsel for the accused appellant and Mr. K. Munir, learned Additional Public Prosecutor, Assam.

(2.) This appeal has been preferred against the judgment and order dated 26.11.2002 passed by the learned Additional Session Judge (Ad hoc), Hojai, Shankardev Nagar, in Session Case No. 205(N)/2000 convicting the present accused appellant under Section 392, IPC to undergo R.I. for 3 years and to pay a fine of Rs. 1,000, in default, R.I. for another 3 months. However, the learned trial court acquitted the other accused namely, Harish Ali.

(3.) The prosecution case is founded on the FIR lodged by one Sri Prem Bahadur Chetri S/o. Late Keshab Bahadur Chetry, resident of No. 7. Pub-Odali, Nepali Basti stating inter alia that on 7.4.1996 at about 1 a.m., some unknown dacoits looted his house and took away property worth about Rs. 9,000. During the commission of dacoity, the dacoits assaulted the complainant's brother Sri Indra Bahadur Chetry causing grievous injuries to him. The case was registered as Lanka PS. Case No. 13/96 under Sections 395/397, IPC. The police, after completion of the investigation, submitted charge sheet against the present accused appellant and others under Sections 395/397, IPC. The trial court framed charge against them under the aforesaid sections against one Md. Niazur Rahman and Harish Ali. Pleading not guilty to the aforesaid charges they demanded trial.