MUNIK CHANDRA DEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30-1-87 passed by the learned Sessions Judge Karimganj in Sessions Case No. 45/86 convicting the two appellants, namely,, Shri Manik Chandra Deb and Shri Kanai Deb under Sections 395/397 IPC and sentencing them thereunder to undergo R.I. for 12 years.

(2.) Prosecution case in short is that on 5-8-84 at about 1 A.M. some dacoits tried to break open eastern side door of the hut, but they could not break the same. Thereafter, the said dacoits broke the southern side door and entered into the house being armed with deadly weapons like axe, lathis etc and also 4/ 5 torch lights in their hands. However, inmates of the house forced out the said dacoits from the hut by using iron rods and lathis. But, after a while the dacoits again came back with some more people and two guns with them. On entering the house, they hit PW Nirmal Kar Purkayastha within an axe on his head. The dacoits also dealt blows on the shoulder of brother Nidhu Bhusan Purkayastha from behind. Other inmates of the house were also assaulted by the dacoits. All efforts on the part of the inmates of the house to resist the assault of the dacoits ultimately failed and the dacoits threatened them that if they raised alarm, they would be shot dead. Ultimately, the dacoits ransaked the house and fled away with the booty. This is in short, the gist of the allegation made in the FIR. It is also the prosecution case that the inmates of the house could recognise accused Kanai Deb and Manik Deb, the two appellants. They also claim to have recognised other absconding accused, namely, Harish All. It is also alleged that the appellant Kanai was wearing a black cap and other miscreants were wearing turbans on their heads while committing dacoity. This they did to conceal their identity. On the basis of the aforesaid allegation, an FIR registered at the police station. After usual investigation, charge sheet was filed against the appellants under Sec. 395/397 IPC. In due course of time, the case was committed of the court of learned Sessions Judge, Karimganj. Upon perusal of the materials on record, the learned trial court framed charges under Sections 395/397 IPC. On conclusion of the trial, the appellants were convicted and sentenced as already stated.

(3.) I have heard Mr. A.K. Bhattacharyya, learned counsel for the appellants and Mr. J. Singh, learned Public Prosecutor, Assam.