HIRA BARUA AND ANR. Vs. THE STATE

JUDGEMENT

(1.) HIRA Barua and Surendra Nath Bhuyan, appellants were found guilty and convicted under Section 395, I.P.C. They were sentenced each to rigorous imprisonment for five years. Bholow Saikia was also tried jointly with them. He was given the benefit of doubt. The order of the Assistant Sessions Judge, Upper Assam Districts convicting the appellants was passed on a unanimous verdict of guilty returned by the jury.

(2.) THE alleged dacoity is said to have taken place on the night following 16 -3 -1953 in the house of Kanakeshwar Bardoloi of Jagduar Sonari village within the limits of Teok police station. There was a "Namgoa' festival in the house of Kanakeswar that evening. His son Nityananda alias Bhaba left for Jorhat before the Namgoa was over. The inmates of the house of Kanakeswar and two guests retired after the Namgoa was over a little before midnight.

(3.) THE written report was made by Nityananda, son of Kanakeswar on 17 -3 -1953 at about 9 -30 a.m. Tarakeswar Das, officer -in -charge, Teok Police Station received the report and left for the scene of occurrence immediately afterwards. On his arrival in the house of Kanakeswar a list of the stolen property was given to him. He then prepared a sketch map, seized some broken boxes and other articles. Exhibits I to V are the broken boxes. Exhibits XXII(1) to XXII(S) are the broken hinges of the boxes. Exhibits XV is the cart wheel found inside the house by means of which the door of the house was broken open.