JABID ALL Vs. TRIPURA ADMINISTRATION,

JUDGEMENT

(1.) THE appellant Jabid Ali was convicted and sentenced to 7 years' R.I. under section 397 Indian Penal Code and the other two appellants Cherag Ali and Rakib Ali were competed and sentenced to five years R.I. each under section 395 Indian Penal Code by the Assistant Sessions Judge, Tripura in sessions case No. 11 of 1961. They have filed this appeal against the said convictions and sentences. There were six other accused in the Sessions Case, but they were acquitted.

(2.) THE prosecution case was as follows : -

(3.) ABOUT 8 to 10 dacoits were said to have broken open the door of the middle room in the middle of the night and P. W. 5 Ahammad Ali saw in the light of the kupi lamp the appellant Jabid Ali entering the room with certain others following whom he did not recognize. Jabid Ali struck him with a wooden rod and pressed P. W. 5, to his bed throwing a quilt over him, evidently to prevent recognition. Roop Jan Bibi, P. W. 4 had got up hearing the commotion. But, according to her, she was prevented from entering the middle room by the other two appellants Rakid Ali and Cherag Ali whom she recognised and they were said to have belaboured her. Some others among the dacoits were said to have been recognised by P. Ws. 3 and 7. But we are not concerned with them in this appeal. Some valuables were said to have been removed. Some articles were said to have been recovered from the house of appellant Cherag Ali and later identified by P. Ws. 4, 5 and 7. But the lower Court disbelieved this part of the prosecution case. Ahammad Ali was said to have been injured by appellant Jabid Ali with a knife on the lower and upper part of his left even and the dacoits were said to have left the place.