SIRAJ ALI ALIAS SERU Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal u/s 374, Cr. PC, is directed against the judgment and order dated 10.3.95 passed by the Sessions Judge, Morigaon in Sessions Case No. 85 (M)/92, whereby the accused appellant Sri Siraj Ali @ Seru was convicted u/s 395, IPC, and he was sentenced to Rigorous Imprisonment for eight years and to pay a fine of Rs. 400/- in default further R.I. for one month.

(2.) The prosecution allegation in brief is that on the night of 27.4.85 at Murarbori village under P.S. Mayong, about 10 numbers of dacoits entered into the dwelling house of Shri Ram Prasad Sharma and looted silver and gold ornaments and cash worth Rs.55,000/-. The inmates recognised and identified three persons including the appellant Siraj Ali and an FIR naming them was filed. During investigation, a test identification parade was also held. The charge sheet was submitted against three accused persons u/s 395/397, IPC. During trial, the prosecution examined as many as six witnesses and on conclusion of the trial, the learned trial court acquitted the other two accused persons and convicted the present accused appellant. Hence the present appeal.

(3.) PW- 3 Ram Prasad Sarma, PW-1 Balo Ram Sarma and PW-2 Krishna Sarma, PW-4 Smti. Sita Devi are the four eye witnesses to the occurrence and they have deposed that on the night of the incident, about 10 dacoits entered into the dwelling house and fired gun shots. The dacoits were armed with dao, lathi, spare etc. They assaulted Krishna Sarma and Sita Devi and forcibly took away ornaments wors by her and cash etc. from the house. The investigating police officer also found signs of dacoity in the house and in view of the overwhelming evidence on record, the incident of dacoity on the fateful night in the house of Ram Prasad Sarma has been well established and the same has not been disputed by the learned counsel for the appellant.