STATE Vs. HETEP BORO AND ORS.

JUDGEMENT

(1.) CRIMINAL Appeal No. 32(J)/68 and Government Criminal Appeal No. 13/68 are directed against the order of conviction and sentence and the order of acquittal respectively passed in Sessions Case No. 41 (K) of 1967. Altogether 51 persons were charged under Section 400, Indian Penal Code and tried by the learned Sessions Judge Goalpara. Out of them the case against 1 was given up by prosecution, 16 were convicted and 34 were acquitted. The 16 persons who were convicted and sentenced, have referred Criminal Appeal No. 32(J)/68 from the jail. The State Government has preferred Government Criminal Appeal No. 13/68 against the order of acquittal of the 34 accused persons.

(2.) IN Government Criminal Appeal No. 13/68, Mr. S. N. Bhuyan the learned counsel, has appeared on behalf of 6 Respondents, that is Respondents 14, 23, 25, 27 29 and 30.

(3.) TAKING the cue from the statements of Karmalal and other confessing accused persons, P.S. Sarma. Officer -in -charge of Kokrajhar Police Station lodged a formal First Information Report at the Police Station on 15 -9 -1966 and registered a case under Section 400, Indian Penal Code. The investigation was taken up by Inspector Kabil Ali of C. I D. Branch as directed by the Deputy Inspector General of Police C. I. D. Shillong. On completion of investigation, charge sheet was submitted against 60 accused persons under Section 400, Indian Penal Code,