ABDUL RASHID Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13.09.2013, passed by Sri P J Saikia, learned Sessions Judge, Darrang, Mangaldoi, in Sessions Case No. 84 (DM) of 2008. By this impugned judgment, one of the co-accused Suruj Ali has been acquitted from the offence under Section 395 of the Indian Penal Code, 1860 and the co-accused. Abdul Rashid/appellant has been convicted for the said offence. On his conviction, the appellant has been sentenced to undergo RI for 5 (five) years and also to pay fine of Rs. 25,000/-, with default sentence for further RI for 6 (six) months. Being aggrieved with the conviction and sentence the accused has preferred this appeal. Heard Sri R C Saikia, learned counsel for the appellant as well as Smt B Bhuyan, learned Additional Public Prosecutor for the State of Assam. I have also gone through the impugned judgment and the prosecution evidence, proffered in the trial Court. The defence case was of total denial and no evidence in defence was tendered.

(2.) The gist of the prosecution case is that in the night of 10.11.1999, a group of dacoits committed robbery in the dwelling house of PW-1. Since the dacoits could not be identified the FIR was lodged against some unknown persons. During the course of investigation, 2 (two) persons were arrested initially on 26.11.1999 and on the basis of their statements one gun and one wrist watch was recovered from 2 (two) different places. Subsequently, 4 (four) more accused persons were arrested and the charge sheet was submitted against 6 (six) accused persons on 29.02.2000. However, before the case was committed to the Court of learned Sessions Judge, 4 (four) accused persons absconded and the trial proceed only against the accused Suruj Ali and Abdul Rashid.

(3.) To establish the evidence of dacoity, only 9 (nine) witnesses were examined by the prosecution. PW-1 is the informant and his testimony is confined to commission of the dacoity by unknown miscreants. According to him, one single barrelled gun, 5 Nos. of wrist watches, gold ornaments, cash amount of Rs. 5,000/- and other valuable items were looted by the dacoits. PW-2 is the son of the informant. He has given identical depositions regarding the commission of the dacoity.