STATE Vs. HUSSAIN MIRDHA

JUDGEMENT

(1.) THIS appeal is by the State Government against the order of acquittal passed by the Additional Sessions Judge, Lower Assam Districts on 19 -3 -56. Five accused persons were tried of an offence Under Section 19(f) of the Arms Act before the Court of Session and the learned Additional Judge found the charge against Hussain Mirdha not substantiated on facts. As regards the other fom accused persons the learned Additional Judge found a case made out in respect of the charge Under Section 19(f) of the Arms Act, but since he was of the opinion that sanction for the prosecution was not given by a competent authority, he held the trial to be bad. and, as such acquit all the accused persons. Of tfiese acquitted persons Rampraaad is dead. The State Government) has, therefore, come up in appeal against the order of acquittal of Hussain Mirdha. Wazuddin. Mansur Ali and Kami Sikdar the surviving accused.

(2.) THE case for the prosecution was that on 12 -6 -53 Nagiram Saharia, Officer in charge of the Tarabari Police Station got an information that some people were collecting at a place known as Barabhita within his jurisdiction, †" for the purpose of committing dacoity and Nagiram Soharia on this information took two Assistant Sub -Inspectors of Police and ten Constables with him and started on a boat to apprehend the persons who had proceeded for the purpose of committing decoity. When he reached Barbhita which lay at the mouth of a river known as Kukarjan. he found a boat lying anchored with some persons on board.

(3.) MR . Mohiuddin appearing for the accused persons has tried to show that the learned Additional Sessions Judge was justified in holding that there was no proper sanction for prosecuting the accused persons and that the order of acquittal was correct. Therefore, this is the main point that comes up for consideration in this case it being accepted almost as a matter of course that the learned Additional Judge was right in his findings as to facts.