SINGRAM MARAK Vs. STATE

JUDGEMENT

(1.) THE two appellants Singram Marak and Ranen Sangma have been convicted by the learned Deputy Commissioner, Garo Hills under Section 395, Penal Code and each sentenced to rigorous imprisonment for five years and to pay a fine of Rs. 300/ - or in default to undergo further rigorous imprisonment for 12 months. Out of the fine if realised, Rs. 500/ - have been ordered to be paid to the complainant Songji Mechik as compensation.

(2.) THE case for the prosecution was that on the night of 31 -5 -51, the three appellants along with two others entered the house of the complainant Songji Mechik in which were sleeping her nephew Okhe Sangma and her mother, Bangri Mechick. Some 20 more persons stood outside. The intruders demanded money from Songji Mechik. Appellant Ranen is said to have tied her nephew Okhe by the leg to the bed post. Songji Mechik pointed out her suit case lying under the bed wherein she had kept her money. The intruders took the suit case which contained Rs. 500/ - in cash, five pieces of cloth, a bottle of M and B Tablets and some papers. After the culprits had disappeared, neighbours came to the house of Songji Mechik, one of them was the Laskar of village (P. W. 9). Songji and other inmates of the house told him that five persons had entered the house among whom she recognised Singram and Ganna Sangma, whom she knew previously; as regards the third, she said she knew him by face but did not know his name. The Laskar (P. W. 9) saw for himself that the door was broken open. He was informed that the suit case containing Rs. 500/ - and some clothes had been taken away by the dacoits. Appellant Ranen also turned up at the house of Songji Mechik; when he came, Songji and her nephew Okhe pointed him out as one of the dacoits. The Laskar arrested him and shortly afterwards made a report to the Police Station in which the names of the two appellants and Ganna who has been acquitted by the learned Deputy Commissioner were mentioned in the F. I. R. On completion of the investigation, the three appellants were sent up for trial. The accused Ganna was acquitted by the learned Deputy Commissioner who gave him the benefit of doubt. The two appellants were convicted and sentenced as we have stated before.

(3.) SO far as Ranen is concerned, it is said that his arrival at the scene of the offence when the Laskar came is inconsistent with his participation in the crime. But as the learned Deputy Commissioner points out this Ranen was in all probability knocking about in the locality to see how things were shaping, He might well have thought that as he was not a resident of the locality and hailed from Pakistan, his presence would not be taken very much notice of. But unfortunately for him, the inmates of the house knew him before by his face and so as soon as he came to the house of Songji Mechik when the Laskar was there, Songji Mechik and her nephew had no difficulty in identifying him, whereupon Ranen was put under arrest by the Laskar. Nothing has been alleged against the Laskar. If Ranen had not been implicated by Songji Mechik and her nephew it is not reasonable to suppose that a man in the position of Laskar would have arrested him and taken him to the Police Station.