SAIFUDDIN LASKAR Vs. STATE OF ASAM

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 29.1.1983 passed by the learned Additional Sessions Judge, Cachar, Silchar, whereby the petitioners appeal against his conviction under Section 457 I.P.C. and sentence to two months R.I. and a fine of Rs. 200/- by the learned Judicial Magistrate, rust class, Silchar by judgment and order dated 24.1.1981 was dismissed.

(2.) The petitioner was prosecuted on charges under, Section 380/457 I.P.C. on the allegations that on 19.9.1979 at about 2 A.M. the petitioner had entered the house of the complainant by cutting sind in the western wall and as he was trying to open the door there was sound which had awakened the complainant, who thereupon had lit a lantern and in its light seen and identified the petitioner who had then escaped through the sind. The complainant had chased but could not catch him. The complainant had also informed his wife who had waken up, about the identity and name of the accused and also the witnesses who had, on alarm raised arrived immediately after the occurrence. The F.I.R. was lodged in the morning. Investigation was made and completed. The petitioner was sent up for trial.

(3.) The petitioner had denied the charge under Section 457/380 I.P.C. The defence plea was that due to previous grudge the accused, had been falsely implicated. The prosecution in support of the charge had examined P.W. 1, complainant Alimuddin, P.W. 2 Saribunnessa, the complainants wife, P.W. 3 Abdul Rasid and P.W. 4 Mayabuddin, besides the Investigating Officer. The defence did not produce any evidence. The learned Trial Court, on consideration of the evidence, held that the charge under Section 380 I.P.C. was not made out but the charge under Section 457 I.P.C. had been established. Accordingly, the petitioner was convicted under Section 457 I.P.C. and sentenced to two months R.I. and a fine of Rs. 200/- and acquitted of charge under Section 380 I.P.C.