NAZAR ALI AND ANR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Sarma, learned Amicus Curiae for and on behalf of the appellants and Mr. B. Das, learned Additional Public Prosecutor, Assam, for the respondent State.

(2.) The present appeal has been preferred against the judgement and order dated 06.08.2010 passed by the learned Additional Sessions Judge (FTC), Barpeta in Sessions Case No.187/2007 whereby the appellants were convicted under Section 395 IPC and sentenced them to suffer rigorous imprisonment for 5 years and to pay fine of Rs.2,000/- each, in default further simple imprisonment for 2 months.

(3.) The prosecution case in brief is that on 23.04.2004 at midnight (1:15 AM) the accused persons (total 5 in numbers) entered into the house of one Md. Anser Ali with weapons and by showing pistol and dagger forcibly taken away Rs.11,500/- from the possession of Anser Ali causing injury to him as well as his younger brother. One of the dacoits namely, Nazer Ali could be apprehended by Anser Ali after chasing him and he was handed over to police. On the next day i.e. 24.04.2004, an FIR was lodged before the Officer-in-Charge, Sorbhog Police Station narrating all the facts.