Conviction for dacoity was overturned due to significant evidentiary inconsistencies, including lack of reliable identification and failure to examine critical witnesses.

ORAL JUDGMENT

Date : 06-12-2025

None appears on behalf of the appellant. The present matter is pending consideration for near about 21 years.

2. It has been requested and Mrs. Sushmita Mishra (D/1634/2019), learned counsel, has shown her willingness to assist as Amicus Curiae in the present matter.

3. Accordingly, learned counsel Mrs. Sushmita Mishra (D/1634/2019) has been appointed as Amicus Curiae in the present matter.

4. Heard learned Amicus Curiae appearing for the appellant and learned A.P.P. for the State.

5. The present appeal has been directed against the judgment of conviction dated 30.07.2004 and order of sentence dated 02.08.2004 passed by learned Additional District and Sessions Judge, Fast Track Court No. 5, Kishanganj in Sessions Trial No. 433 of 2000, arising out of Kochadhaman P.S. Case No. 46 of 1997 whereby and whereunder the appellant has been convicted for the offence punishable under Section 395 of the IPC and has been sentenced to undergo rigorous imprisonment for seven years under the said section.

6. According to fardbeyan of informant, the prosecution story, in brief, is that on previous night i.e. 04.04.1997 at about 1:00 AM, the informant's younger son Md. Shahid Alam was sleeping on the door. It is alleged that 10-12 persons came and started assaulting his younger son and his hands were tied behind the back. By opening the door, four persons entered into the informant's house and they assaulted the informant and his wife by means of lathi and axe due to which they sustained injury. It is further alleged that the miscreants after breaking the box started taking out the articles. The dacoits who had entered into the house had lathi, axe, torch etc. in their hands and they threatened to kill, if they would make noise. It is further alleged that docoits after breaking the box took out silver bracelet (6 bhar), silver neckless (16 bhar), silver pajeb (20 bhar), silver jhumka (4 bhar), Rs. 1800/- in cash, Philips radio of informant's son , watch, saree, shirt-pant etc. It is further alleged that robbery was committed for about 30-45 minutes. On the sound of gun taking place in village, miscreants fled away. Dacoits were 10-12 in numbers. Dacoits were wearing lungi and shirt. They were about 25-40 years of age. Some of them are of dark complexion whereas some of them are of fair complexion. They were of ordinary height. Some of them are healthy. The informant claims to identify the dacoit in the light of lantern, and if he will get opportunity, he can identify them. The informant has not seen from where they entered into courtyard. People of nearby came after hearing the sound of alarm. The injured persons were taken to hospital for treatment. It is further alleged that informant's elder son was also assaulted by the dacoits.

7. On the basis of fardbeyan of informant, Kochadhaman P.S. Case No. 46 of 1997 dated 03/04.04.1997 was registered under Sections 395 , 397 of the IPC. Routine investigation followed. Statement of witnesses came to be recorded and on the completion of investigation, charge sheet has been submitted against the appellant and others under Sections 395 , 397, 412 of the IPC. Thereafter, the learned trial court took cognizance under Sections 395 , 397, 412 of the IPC. The case was committed to the court of sessions after following due procedure. The learned t