FAKAR UDDIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) These appeals are directed against the judgement and order dated 17-7-84 passed by the learned Sessions Judge, Cachar at Silchar, whereby the appellants were convicted under Sec. 395, IPC and sentenced to rigorous imprisonment for life. In Criminal Appeal No. 101/84 the appellants are Fakar Uddin Laskar and Fakir Ali and in Criminal Appeal No. 107/84 the appellants are Tombi Singha and Bhim Singha.

(2.) The prosecution case as revealed from the FIR (Ext. 1) lodged at 8.30 a.m. on 13-2-81 at Udharband P.S. by Chinu Deb (P.W. 1) was that in the night of 12/13-2-81 at about 1.30 a.m. 10/12 persons had committed dacoity in his shop house at the back side of the hospital of the tea garden. The dacoits had forcibly entered the shop house, assaulted the inmates the informant, his brothers and sister and had taken away the cash box containing Rs. 500/- and two HMT wrist watches. In the electric light which had been switched on, the dacoits were identified. Mohamuddin, one of the dacoits was caught and also beaten by the people who had assembled on alarm raised. The said dacoit has revealed the names of the other 11 dacoits which was noted by PW. 1 Chinu Deb in a paper (Ext. 2). The information about the occurrence was sent through one Mritunjoy, who contacted the Police over telephone. The Police at Udharband P.S. on receipt of telephonic information made G.D. Entry No. 315 of 13-2-81 to that effect. The Investigating Officer A. Dutta on receipt of information left for the place of occurrence. He found a number of tea garden labour and Mohamuddin dacoit tied with a post. The FIR (Ext. 1) was handed to the Investigating Officer. Mohamuddin dacoit was taken into police custody and sent for treatment, but soon after died. The Investigating Officer seized various articles from the place of occurrence and sent message for arresting the accused persons. On 14-2-81, P.W. 8 Chandra Saikia, S.I. Laskhipur P.S. on receipt of information arrested accused Tombi Singha and Bhim Singha and recovered one of the wrist watches from accused Tombi Singha. Test Identification Parade was held and the said accused were identified. Accused Fakaruddin and Fakir Ali were arrested on 14-3-81 and on 22-4-81 accused Kamaluddin was arrested. On 6-4-81, the second T.I.P. was held for identification of accused Fakaruddin and Fakar Ali and Motai Mia. Accused Bhim Singha made confessional statement on 18-2-81. Investigation was completed and charge sheet was filed.

(3.) At the trial before the learned Sessions Judge charge under Sec. 395, IPC against the appellants and one Jamiruddin was framed to which they pleaded not guilty. The prosecution in support of the charge examined P.W. 1 Chinu Deb, P.W. 3 Milan Deb and P.W. 7 Dilip Deb all brothers and inmates of the house where the dacoity was committed, who identified the appellants and testified about the occurrence. P. W. 2 Dr. B.B. Das who had examined the injuries of Chinu Deb, Milan Deb, Dilip Deb and their sister Swapna Deb on 14-2-81 at Udharband State Dispensary and had found injuries on their person. P.W. 5 Behari Singh who was witness to recovery of material Exhibit-14 (wrist watch) from accused Tombi Singha on 14-2-81 who was however, declared hostile. The prosecution also examined P.W. 8 Chandra Saikia, S.I. who had arrested accused Tombi Singha and Bhim Singha on 14-2-81, the Investigating Officer P.W. 10 A. Dutta and P.W. 9 Shri G.K. Dutta, the Magistrate who had recorded the confessional statement of Bhim Singha. The accused in their examination under Sec. 313 Code of Criminal Procedure, hereinafter referred as the Code, had denied the prosecution allegation and stated that the police had arrested them out of grudge. The learned Sessions Judge on consideration of the evidence held that the prosecution had established that dacoity as alleged was committed and that the appellants had committed the said offence. The appellants were convicted, under Sec. 395, IPC and sentenced to undergo R.I. for life. Accused Jamiruddin was acquitted.