DILIP CHAKRABORTY AND ANOTHER Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this common judgment and order, I dispose of both these appeals, for, these two appeals, have arisen out of the impugned judgment and order, dated 3.4.1998, passed in Sessions Case No.64 of 1994, by the learned Additional Sessions Judge, Jorhat, whereby both the accused-appellants stand convicted under section 395 Penal Code and each of them stands and sentenced to undergo rigorous imprisonment for two years and pay a fine of Rs.2,000 and, in default of payment of fine, suffer rigorous imprisonment for a further period of 2 months.

(2.) The case of the prosecution, as unraveled at the trial, may in brief, be stated thus : On 9.1.1991, at about 11.30 PM, a dacoity was committed, in the house of PW' 7, Sub Engineer, ASEB, at 220 KV Colony, ASEB, Moriani, and the dacoits took away some gold ornaments, one stabiliser, camera etc, and also cash amount of Rs.6,700 from the said house. On being informed, over telephone, on the very night of the occurrence, about the said dacoity, GD Entry No.230, dated 10.1.1992, at Moriani Police Station, was made, the police visited the place of occurrence, examined the witnesses and, during the course of investigation, on receiving a written ejahar lodged by PW 7, (i.e. the owner of the house, where the dacoity had taken place), a case was formally registered under section 395 Penal Code. During investigation, the accused-appellant No. 1, namely, Debeswar Konwar, made a statement to the police leading to the recovery of the stabiliser, which had been taken away by the dacoits from the said house. A TIP was held and during the course of the TIP, PW 7 identified the accused-appellant No.2, namely, Dilip Chakraborty. In the TIP, so held, the accused-appellant No.2 who was also identified by PW11, who is wife of PW 7. The accused-appellant No.2 made a judicial confession, which was recorded by PW 13, a Judicial Magistrate. On completion of the investigation, police submitted charge sheet against the two appellants and some others under section 395 Penal Code showing accused Haren Handique as an absconder.

(3.) To the charge framed, at the trial, under section 395 IPC, the accused-appellants pleaded not guilty.