PABITRA GOHAIN @ KULAI GOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. R.D. Mazumdar, learned Amicus Curiae. Also heard Mr. B. Baragohain, learned P.P., Assam.

(2.) The legality and correctness of conviction of the appellant under section 395 Indian Penal Code and subsequent sentence to undergo rigorous imprisonment for five years and also to pay a fine of Rs. 1000.00 only in default to suffer further rigorous imprisonment for 1 (one) month imposed by the learned Additional Sessions Judge No. 1. Tinsukia by his judgment and order dated 30.1.2004 in Sessions Case No. 108 (T) 2003 has been assailed in this criminal appeal preferred from jail.

(3.) The prosecution case, in short, may be noticed. On 25.1.2003 at about 8 p.m. when the P.W. 1. Shri Guneswar Gogoi at Uparuban Gaon was sitting near fire alongwith his wife and his friend namely Sri Jiten Chutia. P.W. 6, 6/7 persons covered their face with black clothes and with guns in their hands entered into the house of P.W. 1 and those culprits commanded them to raise their hands and alongwith those persons mentioned above were compelled to come out from the house and sit outside. P.W. 6, Jiten Chutia was assaulted by dao and some of the culprits went inside the house and took out gold ornaments and cash amounting to Rs. 5000.00. Thereafter the culprits fled way from the house P.W. 3, Sri Biplab Gogoi, the youngest son of the complainant-P.W. 1 who was sitting inside the house at the time of occurrence was asked to remain asleep by those culprits and at that moment one of the culprit removed his black cloth covering the lace and at that point of time P.W. 3 could identify the culprit as Sri Pullen Gohain the appellant. On the next day i.e. 26.1.2003, Y.W. 1 lodged ejahar with the Kokrajhar Police Station and on receipt of the ejahar the police case being Kakopathar P.S. Case No. 7 of 2003 under section 395. I.P.C. was registered and investigation ensued. During the course of investigation, the appellant was arrested and on completion of such investigation, police submitted charge-sheet against him under section 395, I.P.C.