DIMBESWAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U. K. Das, learned counsel appearing on behalf of the appellant. Also heard Ms. S. Jahan, learned Addl. P.P., Assam appearing for the State.

(2.) This appeal is directed against the Judgment and order dtd. 05/05/2018 passed by learned Sessions Judge, Karbi Anglong, Diphu in Sessions Case no 19/1997, whereby the appellant Dimbeswar Nath has been convicted u/s 396 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5000.00 in default rigorous imprisonment for six months.

(3.) The facts of the case as unfolded by the prosecution are that one Kishori Chauhan lodged an Ejahar before the IC Mailoo Petrol Post under Kheroni Police Station stating inter alia that on 17/07/1994 at about 12:30 A.M. (at night) about 14/15 persons armed with guns, bhujalis (dagger like weapon), spears and ropes entered into his house. They first tied him up with a rope and also tied the other persons who were sleeping outside. Thereafter, they started assaulting his wife Tejia Devi, asking her as to where the money was kept. They also asked her to open the door. When the door was opened, they entered into the house and started to assault his sons. Then his wife requested them with folded hands not to assault his sons. The dacoits looted the articles i.e. three silver necklace worth Rs.9000.00 and golden nose ring/lockets amounting to Rs.1400.00. He could recognize some of the dacoits namely Dimbeswar Nath and Sote Lal Chauhan since they were called by their names. They shot Ramanand Chauhan and Suresh Chauhan resulting into their death.