Back
ASSAM AND NAGALAND HIGH COURT
M.C. Pathak , P.K. Goswam, J.
STATE
VERSUS
HETEP BORO AND OTHERS, ACCUSED-RESPONDENTS.
Govt. Criminal Appeal No. 13 of 1968 and Criminal Appeal No. 32 (J) of 1968 (Against order of B. N. Sarma, S.J. Goalpara, Dhubri,)
Decided on : 29-2-1968, November 12, 1971.
The Court held that the evidence of the two approvers, namely, P.W. 1, Karmalal Brahma and P.W. 2 Kamaleswar Musahari, is reliable and is corroborated by other evidence on record. The Court also held that the accused persons formed a gang for the purpose of habitually committing dacoities and most of them took part in more than one dacoity. The Court further held that the charge under Section 400, Indian Penal Code has been proved beyond reasonable doubt against the accused persons and their convictions and sentences are affirmed.
Fact of the Case:
The case involved 51 accused persons who were charged under Section 400, Indian Penal Code for being members of a gang associated for the purpose of habitually committing dacoities in the districts of Goalpara, Kamrup, Nowgong, Darrang and Lakhimpur during the period from 1961 to 1966. The prosecution examined 170 witnesses including the two approvers - Karmalal, P.W. 1 and Kamaleswar, P.W. 2. The defence did not adduce any evidence in the case.
Finding of the Court:
The Court found that the evidence of the two approvers, namely, P.W. 1, Karmalal Brahma and P.W. 2 Kamaleswar Musahari, is reliable and is corroborated by other evidence on record. The Court also found that the accused persons formed a gang for the purpose of habitually committing dacoities and most of them took part in more than one dacoity. The Court further found that the charge under Section 400, Indian Penal Code has been proved beyond reasonable doubt against the accused persons and their convictions and sentences are affirmed.
Issues: 1. Whether the evidence of the two approvers, namely, P.W. 1, Karmalal Brahma and P.W. 2 Kamaleswar Musahari, is reliable? 2. Whether the accused persons formed a gang for the purpose of habitually committing dacoities? 3. Whether the charge under Section 400, Indian Penal Code has been proved beyond reasonable doubt against the accused persons?
Ratio Decidendi: 1. The Court held that the evidence of the two approvers is reliable based on the following factors: - The approvers' testimony was consistent and corroborated by other evidence on record. - The approvers had no motive to falsely implicate the accused persons. - The approvers' testimony was supported by the fact that several of the accused persons had confessed to their involvement in the dacoities. 2. The Court held that the accused persons formed a gang for the purpose of habitually committing dacoities based on the following factors: - The accused persons were members of a group that was known to commit dacoities in the area. - The accused persons had been involved in a large number of dacoities over a period of time. - The accused persons had used similar methods and weapons in committing the dacoities. 3. The Court held that the charge under Section 400, Indian Penal Code has been proved beyond reasonable doubt against the accused persons based on the following factors: - The evidence of the approvers was corroborated by other evidence on record. - The accused persons had confessed to their involvement in the dacoities. - The accused persons had been identified by the victims of the dacoities.
Final Decision: The Court convicted the accused persons under Section 400, Indian Penal Code and sentenced them to 5 years rigorous imprisonment each.
Pathak, J. :- Criminal Appeal No. 32 (J)/68 and Government Criminal Appeal No. 13/68 are directed against the order of conviction and sentence and the order of acquittal respectively passed in Sessions Case No. 41 (K) of 1967. Altogether 51 persons were charged under Section 400, Indian Penal Code and tried by the learned Sessions Judge, Goalpara. Out of them the case against 1 was given up by prosecution, 16 were convicted and 34 were acquitted. The 16 persons who were convicted and sentenced have referred Criminal Appeal No. 32(J)/68 from the jail. The State Government has preferred Government Criminal Appeal No. 13/68 against the order of acquittal of the 34 accused persons.
2. In Government Criminal Appeal No. 13/68. Mr. S. N. Bhuyan, the learned counsel, has appeared on behalf of 6 Respondents, that is, Respondents 14, 23, 25, 27, 29 and 30.
3. The prosecution case, in brief, was that the accused persons belonged to a gang associated for the purpose of habitually committing dacoities in the districts of Goalpara, Kamrup, Nowgong, Darrang and Lakhimpur during the period from 1961 to 1966. During the said period there were series of dacoities in the said districts. In many of these dacoities guns were used by the dacoits and in several cases guns were looted from the houses where dacoities were committed. In most cases the inmates of the houses, where dacoities were committed, were brutally assaulted and tortured and in some cases some persons were killed. The dacoits selected persons having guns and committed dacoities in their houses and took away the arms and ammunitions. In some cases they all of a sudden stormed the houses of the victims, frightened them by gun firing and then decamped with booties. In some cases they created artificial alarm by freeing the cattle from the cowshed or throwing stones on C.I. sheet roofs and when the inmates opened their doors to see what the matter was, the dacoits rushed into the houses, tied them and tortured them and took away the properties.
Most of these cases were reported to the nearest Police Stations in due time and cases were registered. Some cases remained also unreported either due to fear of the dacoits or for some other reasons. In some cases some members of the gang including the leader Karmalal Brahma were arrested, 14 accused persons, namely, (1) Karmalal Brahma (2) Kamaleswar Musahari (3) Sukhram Boro (4) Daniel Basumatari (5) Sabin Boro (6) Rebang Boro (7) Girish alias Giricharan (8) Tilak alias Thilao (9) Loken Gayari (10) Lakhiram alias Maldang (11) Kailash Brahma (12) Jogen Boro (13) Jetmon Boro and (14) Gokul made confessional statements before Magistrates. The statements of some of these accused - particularly, those of accused Karmalal Brahma, Kamaleswar Musahari and Daniel Basumatari disclosed that the gang of dacoits consisting of about 70 persons had been operating in the districts of Goalpara, Kamrup, Darrang, Nowgong and Lakhimpur under the leadership of Karmalal Brahma and that the gang was responsible for about 52 dacoities committed in the said districts during the period from 1961 to 1966. Of these 52 cases, 10 were armed dacoities, 2 dacoities were with rape, 1 was dacoity with murder and the rest were dacoities with grievous or simple hurts.
The confessional statement of accused Karmalal recorded by the Magistrate gave a description as to how and when the gang was formed, how he came to be the leader of the gang, who were the members of the gang, how the gang operated and also about the specific cases of dacoities committed by the members of the gang. He disclosed in his statement that the gang was in existence from about 1960 and it was initially led by accused Anil and Khitish. Under the leadership of Anil and Khitish, Karmalal committed about 6 dacoities. Anil and Khitish were convicted in a dacoity case in 1961 and sentenced to imprisonment for 5 years. During the period Karmalal was imprisoned for one year in a case of attempting to comm
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
