ABDUL SUKKUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THESE two appeals arise out of the same judgment and order of conviction and sentences passed by the Assistant Sessions Judge No. L Cachar, Silchar, against the five appellants. This order, therefore, will dispose of both the appeals.

(2.) APPELLANTS Abdul Sukkur, Nazafat Ah, Abdul Rezak and Nowab Ali were convicted under Section 395 read with S. 397 of the Penal Code, and sentenced to rigorous imprisonment for 7 years each, and to pay a fine of Rs. 500/ -, in default to suffer rigorous imprisonment for six months more, each. Appellant Radharaman Ghose was convicted under Section 412 of the Penal Code and sentenced to suffer rigorous imprisonment for 2 years and to pay a fine of Rs. 500/ -, in default, to suffer rigorous imprisonment for six months more, The prosecution case is that on 23 -10 -1970 at village Alamkani a dacoity was committed in the house of one Basir Ali in the small hours of the morning between 2.30 to 3. Tuta Mia, P.W. 2, was sleeping during that night in the house of Basir Ali. Some miscreants broke open the wall of the house and entered into it. Basir Ali and Tuta Mia woke up. Tuta Mia focussed his torch light and saw the appellants Abdul Sukkur, Rezak, Nazafat, Nowab and accused Panki and some other persons. The miscreants assaulted Basir Ali and Tuta Mia by daggers and iron rods, Both of them sustained injuries. They were also tied. Some property including a radio set were looted by the miscreants. After the departure of the miscreants Basir Ali and Tuta Mia raised an outcry whereupon their neighbours came to the place of occurrence. In the momine Amzol Hussain, P.W. 1, lodged the First Information Report. The two injured persons were sent to the hospital. After some days Basir Ali died, The police, after investigation, submitted charge -sheet against the appellants and some others. Accused Panki is alleged to have absconded.

(3.) THE appellants pleaded not guilty to the charges.