USMAN ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 10th day of September, 1993 passed by the Additional Sessions Judge, Kishanganj in Sessions Trial No. 474 of 1990, convicting the accused -appellant Usman Ali under Section 395 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentenced him to undergo R.I. for 10 years.

(2.) The prosecution case according to the fardbeyqn (Ext. 2) recorded on the statement of the informant Khabiruddin is as follows;

(3.) Village Mohania is situated at the border of West Bengal and at a short distance there is border of Bangladesh. There used to be regular dacoity in the village by the criminals crossing the village. So the villagers had formed a guard squat in the village. On the night of 1/2 -12 -1989 the informant Khabiruddin (P.W. 6) along with Ali Hussain (P.W. 2), Salahuddin (P.W. 1), Kasimuddin (P.W. 8), Hafizur Rahman and Kamruzzaman (P.W. 4) and other villagers were guarding the village. At about 12.30 hours in the night about 20 -25 persons who were variously armed, entered into the village and attacked on the, aforesaid persons. The guard squad fled away in different directions rescuing themselves and raised hulla. Khabiruddin (Informant) identified the accused Asir, Shahabuddin and three others among the dacoits in the flash of the torch light. It is said that accused -appellant broke open the Matti of the house of the informant and others and looted away several houses and took away various articles. They also looted herds of catties of the aforesaid persons. On alarm, some villagers assembled then the dacoits lied away. The villagers chased the dacoits away and after covering the distance of about 1 kilometre they caught one of the dacoits in the field who was armed with Danda. They also recovered six herds of their looted cattle in another paddy field. The remaining dacoits field away. The dacoit who was arrested gave his name as Usrman Ali (the appellant), resident of village Bobra, P.S. Belidangi, District East Dinajpur (Bangla Desh). He also named some of the accused including Asir and Shahabuddin among the dacoits.