During the companyrse of occurrence Sushil Chandra Gupta the son of Satyendra Nath Gupta informed police over telephone that decoity was being companymitted in the house of Satyendra Nath Gupta and that Satyendra Nath Gupta and his wife were assaulted by the decoits causing grievous injuries to them.
The Officer Incharge of Nilambazar out post sent the written ejahar to the Officer Incharge of Karimganj P.S. whereupon the Officer Incharge of Karimganj P.S. registered a case under Section 395/397/376 of the Indian Penal Code, 1860 in short the IPC .
Thereafter Satyendra Nath Gupta also lodged a written Ejahar with police of Nilambazar out post.
That apart two of the accused persons, namely, Hokol Mian and Aklas Uddin companymitted rape respectively on Mitra Gupta and Rubi Gupta and decamped with the looted booties.
At the Nilambazar out post a general diary vide entry number212 at 8.15 p.m. on the night of 11.4.1988 was recorded and on the basis of such information enquiry was launched.
During trial nine witnesses were examined to further the prosecution version.
The case against other six accused persons, namely Abdul Gafur, Hokoi Mian, Boloi Mian, Sayed All, Alas Uddin and Latif Ali was companymitted to the Court of Sessions by learned Judicial Magistrate, 1st Class, Karimganj.
S.I. of police T.C. Bailong after companypletion of enquiry investigation submitted charge sheet against the accused Abdul Gafur, Hokoi Mian, Boloi Mian, Sayed Ali, Aklas Uddin, Najir Ali, Latif Ali, Ashu Mian and Tabai Mian for alleged companymission of offences punishable under Section 395 and 397 IPC.
surrounded the house of Satyendra Nath Gupta at village Brahrnanshashan, assaulted him, his wife Smti Hemamalini Gupta, his son Subhendu Gupta, his eldest daughter Anjali Gupta and his relatives Sushil Chanda causing grievous injuries to them, tied them up and then looted gold ornaments, namely, chains, bangles, ear rings etc.
No.6635 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
valued at Rs.42,950.00 from the possession of the female inmates of the house, namely, Hemamalini Gupta, Anjali Gupta, Mitra Gupta, Rubi Gupta and Nell Gupta.
CRIMINAL APPEAL NO.
1675 OF 2007 Arising out of SLP Crl.
The charges against the accused Najir Ali, Ashu Mian and Tabai Mian were proven and they were declared to be proclaimed absconders.
Challenge in this appeal is to the order passed by a learned Single Judge of the Gauhati High Court dismissing the appeal filed by the appellant.
Background facts according to the prosecution in a nutshell are as follows On the night of 11.4.88 at about 6.30 P.M. the accused Abdul Gafur, Hokoi Mian, Najir All, Sayed Ali, Latif Ali, Aklas Mian, Ashu Mian and Tabai Mian being armed with deadly weapons namely, dao, lathis, dagger etc.
