(1.) THIS revision is directed against the judgment and order, dated 11.07.2003, passed, in Criminal Appeal No.11(3)/2003, whereby the learned Sessions Judge, Bongaigaon, has dismissed the appeal and upheld the conviction of the accused-appellants under Section 394 IPC, the appeal having been preferred by the accused- petitioners against the judgment and order, dated, 21.07.2011, passed, in NGR Case No.205/95, by the learned Sub-Divisional Judicial Magistrate, North Salmra, Abhayapuri, convicting the accused-petitioners under Section 394 IPC and sentencing each of them to suffer rigorous imprisonment for one year and pay fine of Rs. 1,000 and, in default of payment of fine, suffer simple imprisonment for three months each.
(2.) TH� case of the prosecution, as unfolded at the trial, may, in brief, be described thus: On 07.08.95, at about 11 pm, three persons entered into the house of the informant, Jayanta Das, of Hospital Colony quarter No.9, Ward No.3 of Abhayapuri Civil Hospital and threatened him (PW3) and his wife (PW1) with pistol and tied their hands and gagged their mouth. THe persons, who had so entered, assaulted the informant, who, on having sustained injury on his index finger, opened, out of fear, his almirah, whereupon the persons, who had so entered into the house of the informant, collected a sum of Rs.700, in cash, and some valuable ornaments. On being informed by his neighbour, Biren Dutta, that the informant's wife, Sukumari (PW1), had been shouting, Akhil Sharma (PW2), a neighbour of the informant, entered into the house of the informant and, as soon as he entered into the house, his hands were tied and his mouth was gagged by those, who were already inside the house of the informant. THereafter, the said miscreants took to their heels. On the first information being lodged, in this regard, with the police, at Abhayapuri, a case was registered. During investigation, police apprehended two of the accused-petitioners, namely, Swapan Kumar Ariya and Gopen Roy, while they were proceeding with the booties and seized the recovered properties from their possession. On interrogating the said two accused persons, police came to learn that the said two accused persons, along with accused Hari Das and accused Sajal Kumar Sutradhar, had committed robbery at the house of the informant. THis was followed by the arrest of the remaining two accused-persons, namely, Hari Das and Sajal Kumar Sutradhar. THe investigating officer, then, sent all the arrested accused to the Sub-Divisional Judicial Magistrate, Abhayapuri, for recording their confessional statements. THe confessional statements, made by all the four accused, admitting their guilt involving themselves in the act of robbery, at the house of the informant, were accordingly recorded and, on completion of investigation, a charge-sheet was laid against all the four accused persons under Section 394 IPC.
(3.) I have heard Mr. P. Sharma, learned counsel, appearing on behalf of the accused-petitioners, and Mr. K.A. Mazumdar, learned Addl. Public Prosecutor, Assam.