NUR MOHAMMAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS revision application is directed against the judgment dated 15.3.2005 passed by the learned Sessions Judge, Morigaon in Criminal Appeal No. 7 of 2005 whereby the learned Sessions Judge has affirmed the conviction of the petitioner under Section 411 of the Indian Penal Code. By the impugned judgment the appellate court has sentenced the petitioner to undergo one year Rigorous Imprisonment for the said offence. Being aggrieved with the concurrent findings the accused has preferred this revision application under Section 397/401 r/w Section 482 of the Criminal Procedure Code.

(2.) HEARD Mr. A Sharif, learned counsel for the petitioner and Mr. BJ Dutta, learned Addl. PP, Assam. I have also gone through the impugned judgment and prosecution evidence.

(3.) ALTOGETHER four witnesses were examined by the trial court. PW 1 is basically a seizure witness. PW 3 is the informant who has stated about the theft of his cows in the night of 27.7.1996. Out of four numbers of cattle one cattle returned back on its own. In this way three numbers of cattle were found in the possession of the accused. PW 3 has further deposed that the earlier in the morning he learnt about the recovery of the cows from the adjacent village by the VDP personnel and thereafter he identified the stolen cattle. PW 2 is a VDP member. He is the prime witness of the prosecution. According to this witness in the early morning of the incident he found the accused on a road and also three numbers of cattle standing nearby at a distance of 8 to 10 nals. On being enquired the accused could not give any satisfactory reply. Hence, the accused was handed over to the police along with the cattle.