JAHANGIR HUSSAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) As both these appeals arise out of the impugned common judgment and order passed by the High Court of Calcutta and are with respect to the same FIR, but by the different accused persons, both these appeals are being decided and disposed of by this common judgment and order.

(2.) That both the appellants herein (the original accused), namely, Jahangir Hussain (original accused no.4) and Parameshwar Lal Soni (original accused no.3) were tried for the offences punishable under Sections 170/395 of the IPC. The prosecution case in short was that on 7th March, 2000 at about 4 p.m. the accused persons on trial along with another accused Tony Anthony (since deceased) intercepted one Ranjan Ojha at the crossing of Brabourne Road and Sukeas Lane within the P.S. Hara Street, Calcutta and identified themselves as officers of Customs falsely and asked Ranjan Ojha to get into a taxi. The said Ranjan Ojha had cash of Rs.5 lakhs with him which he collected from one Suresh Saraf and Naresh Kumar Kabra being so directed by his employer Dinesh Kabra. He kept the cash amount of Rs.5 lakhs in a bag being carried by him. The accused persons encircled him and then took him forcibly into a stationary taxi cab after overpowering in him. When he tried to raise alarm the miscreants covered his mouth with their hands and started assaulting him with fists and blows. The vehicle sped away from the P.O. and the miscreants snatched the bag containing cash of Rs. 5 lakhs from the informant Ranjan Ojha. The informant was then taken to a place in from of premises No.1, Tapsia Road (South) at about 5 p.m. and he was then forced out of the taxi which then sped away. The informant then informed his employer Dinesh Kabra about this incident and then reported the matter to Tapsia Police Station. It was specifically stated by the informant that all the miscreants were of the age group of 25/30 years and the informant hoped that he would be able to identify them. He also reported the police that two of the miscreants were carrying mobile phone with them. After investigation, all the accused were charged for the offences under Sections 170/395 of the IPC. Initially, there were five accused persons. However, one of the accused Tony Anthony died during the pendency of the trial. The remaining accused pleaded not guilty and therefore they came to be tried by the learned Sessions Court for the aforesaid offences. The sessions Court case was numbered as Sessions Case No. 47/2000. To prove the case against the accused, the prosecution examined in all 24 witnesses. The appellants herein - original accused nos. 4 & 3 respectively, were, in fact, identified by PW2 in the T.I. Parade. There was also recovery of money looted from the accused persons, i.e., Rs.10,000/­from the custody of Jahangir Hussain and Rs. 1 lakh from the custody of Parmeshwar Lal Soni.  That after closing pursis was submitted by the prosecution further statement of the accused persons under Section 313 CR.P.C. were recorded. That all the incriminating materials were brought to the notice of the accused. However, the case of the accused was a case of denial.

(3.) That thereafter, on appreciation of evidence, the learned trial Court held the accused Jahangir Hussain (original accused no.4) guilty for the offence under Section 395 of the IPC and held the accused Parmeshwar Lal Soni (original accused no.3) guilty for the offence under Section 412 of the IPC. The learned trial Court sentenced one Shahid Ali and Jahangir Hussain to suffer R.I. for seven years and to pay a fine of Rs.5,000/­, in default, to suffer R.I. for one year each. The learned trial Court also sentenced Parmeshwar Lal Soni and Ramesh Singh @ Lotan Singh to suffer R.I. for seven years and to pay a fine of Rs.5,000/­, in default, to suffer R.I. for one year each.