JAMSER ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS is an appeal on behalf of Jamser All, Sum] Mia and Abdul Khaleque from their conviction and sentence for 3 years, 24 years and 3 months respectively under Section 395, I. P. C., passed by the Sessions Judge, Tripura in his Court's Sessions Trial No. 18 of 1953. The other 4 accused persons who were sent for trial along with them have been acquitted. It is alleged that the above appellants along with 11 or 12 others committed dacoity in the house of Aptar Ali P. W. 1 on the night between 11th and 12th March, 1953 corresponding to the 28th Falgoon 1362 T. E. at Sonamura, by Inflicting injuries on the person of Aptar Ali and his wife Solema Bibi to extract information as to where they had kept their money etc. It was about 1 A. M. in the night that Aptar Ali awoke from sleep on account of some sound at the eastern door of his house. He found the inside and the outside of the house lighted up. He noticed 3 men inside the hut. Suruj Mia appellant caught him by the throat and asked him where he had kept his money. The reply was that he had no money at all. Upon this Jameer Ali inflicted a blow on Aptar Ali's head with a Dao and also said that he would cut his throat if he would not tell him where the money was. This was repeated by the other appellant Suruj Mia also. For fear of his life, Aptar Ali then informed them that whatever money he had, it would be found in the Chauki Box'.

(3.) THE learned Counsel for the appellants has nothing to say against the factum of dacoity having been committed on the night in question in the house of Aptar Ali P. W. 1; in fact he admits it. His argument is that the appellants had nothing to do with the occurrence and that they were not the members of that party. They have been made scope goats on account of their enmity with the complainant.

(4.) THE learned Counsel for the appellants has urged four points during the course of his lengthy arguments viz.,