SAHADAT ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) (Oral) - This revision petition is directed against the judgment and order dated 31.5.85 passed by the learned Sessions Judge, Nowgong in CA No. 72 (N-4)/82 dismissing the appeal and upholding the judgment and the order of conviction, and reducing the sentence awarded by the learned Assistant Sessions Judge No. 2, Nowgong, by order dated 30.9.82 in Case No. 118 (N)/78.

(2.) The case of the present petitioner is that on 18.5.77 Pannalal Jain lodged a First Information Report with the Officer-in-charge of Samaguri Police Station complaining that on 17.5.77 at about 10.15 PM some dacoits entered into his house, assaulted the inmates of the house and took away some gold ornaments, cash and other articles. He also alleged that the dacoits looked like immigrants and he would be able to identify some of them if seen. This First Information Report, lodged by Pannalal Jain, was written by Dulal Hazarika (PW 4). Police registered a case under sections 395 and 397 of the Indian Penal Code and after investigation submitted a charge sheet against two accused persons, viz Sahadat Ali and Janardan Prasad @ Bora.

(3.) During the trial eight witnesses were examined by the prosecution, including the Chief Judicial Magistrate (PW 1), Dulal Hazarika (PW 4) and Pannalal Jain (PW 6). After recording the evidence of the witnesses, the Court examined the accused persons, viz the petitioner and Janardan Prasad @ Bora, under section 313 CrPC. Thereafter, by judgment and order dated 30.9.82, the trial Court found the accused persons guilty under section 395 Penal Code and sentenced them to undergo rigorous imprisonment for 5 years.