Decided on May 14,1951

Kachu Gogoi Appellant
THE STATE Respondents


Ram Labhaya, J. - (1.) KOCHU Gogoi, petitioner, was convicted under Section 457, I.P.C., along with one Bapuram Duara. He was sentenced to undergo R. I. for 3 months and was also ordered to -pay a fine of Rs. 200/ -. Both Bapuram and Kochu Gogoi appealed from the order of the trial Magistrate. The learned Additional sessions Judge, U.A.D., upheld the convictions and sentences o £ imprisonment but reduced the sentence of fine in each case to a sum of Rs. 50/ - and in default of payment ordered further R. I. for 1 month, Kochu Gogoi alone has come up in revision to this Court.
(2.) THE occurrence in question was said to have taken place at about 2 A.M. on the night following the 2lst August, 1948. According to the prosecution version, Bapuram was caught in the house of the complainant Gunaram Gogoi. He raised the alarm and also informed the Gaonbura of it. Later he came to the scene of the occurrence and wrote out a report to the Officer -in -charge of the Sibsagar Police Station. He gave this written report to the complainant, who produced it at the Police Station. The report was marked Ex. 1 in the trial Court, It bears the signatures of Naga Ram Gaonbura and 6 others. All that it states is that at 2 A.M. , a thief entered the house of Gunaram by breaking open the wall. He was caught and was being detained. Another thief was stated to have run away. The police was requested to take the one who had been apprehended, to the Police Station. When this written report was handed over to the Officer -in -charge of the Police Station, the following question was put to the complainant: Who has written this ejahar and what do you. know of the occurrence? In answer to this question, a detailed statement was made by the complainant. He informed the Police that Ex. 1 was written by the Goanbura, on information supplied by him in the presenca of other people who had assembled. He further stated that Bapuram and Kochu Gogoi had entered his house by breaking open the wall. They tried to steal his boxes and other properties belonging to him. He was awakened and seized both of them. He could recognise them in the torch light. He shouted for assistance. Kochu Gogoi ran away after dealing him a blow with his stick on his waist. But he could detain Bapuram by seizing his dhoti that he was wearing. Villagers came and witnessed it. Nothing could be removed from his house. Bapuram was said to be in the custody of the Gaonbura. On a further question, he admitted that Bapuram bad come to kidnap the girl (meaning his sister).
(3.) AFTER necessary Investigation, Bapuram alone was sent up for trial. In column 2 of the charge sheet, it was stated that Kochu Gogoi was not arrested and sent up. The charge sheet was received in Court on the 3rd September, 1948. The case was sent to the Sub -divisional Magistrate, who adjourned the hearing on two occasions. On the 25th November, 1948, two prosecution witnesses were examined. These were Gunaram Gogoi and Alam Gogoi. The learned Magistrate then ordered' the Police to submit a charge sheet against Kachu: Gogoi as well as it seemed to him that a case was made against him. In compliance with this order, a charge sheet against Kachu Gogoi was submitted and both the accused were found guilty.;

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