STATE OF ASSAM Vs. PODORAM RAJKHOWA

JUDGEMENT

(1.) THIS is an appeal against acquittal and is directed against the order of the Sessions Judge, Darrang, who acquitted the respondents of a conviction under Section 392 of the Penal Code. The respondents were convicted by the Additional District Magistrate (Judicial), Tezpur, under Section 392 and sentenced to rigorous imprisonment for one year each and to pay a fine of Rs. 50/ - each, in default of payment of the fine, to suffer rigorous imprisonment for 15 days each.

(2.) THE prosecution case was that on 10 -9 -69, P.W. I, Molan Saikia, was returning from the market at about 7 -30 in the evening; he had a torch in his hand; on the way he was shelved by the respondents in a gunny bag; he was taken to a nearby place with ankle deep water and mud. At that time P.W. 2 arrived at the place. P.W. 2 was followed by P. Ws. 3 and 4, Then the respondents immediately left the place. P.W.I told the names of the respondents to them. The further prosecution case is that a first information report was lodged at the nearby Police Out Post, which was subsequently forwarded to the Behali Police Station.

(3.) THE learned Additional District Magistrate (Judicial) convicted and sentenced the respondents as stated above. On appeal, the learned Sessions Judge acquitted the respondents as aforesaid.