BISWAJIT CHAKRABORTY ALIAS BISHU Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revision petition by the accused is directed against the judgment, dated 5th November 2008, passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No.19(3) of 2007 whereby the appeal of the petitioner was dismissed and the judgment, dated 22.05.2007, passed by the learned Judicial Magistrate, 1st Class(Court No.1), Agartala, West Tripura in G.R Case No.743 of 2006 convicting the petitioner of having committed offence punishable under Section 392 of I.P.C. and sentencing him to undergo rigorous imprisonment (R.I) for 1(one) year and to pay a fine of Rs.5,000/-, in default to suffer further R.I for 3(three) months, was upheld.

(2.) The prosecution story briefly stated is that on 29.07.2006 complainant Smt. Bindubala Das, PW.4, a lady aged about 60 years had gone out for a morning walk on the main road of A.D. Nagar. Just outside her house the accused Biswajit Chakraborty suddenly snatched the golden chain from her neck and ran away. PW.4 raised an alarm and PW.3 Sri Pranab Roy and her son PW.5, Gautam Das came to the spot. They chased the person who had snatched the chain but could not catch hold of him. When they came back, they inquired the name of the person and PW.4 disclosed the name of the petitioner accused.

(3.) Sri Sarkar has raised three contentions before me. His first contention is that the accused was not named by PW.4 at the first instance though, admittedly, the accused was a neighbour of PW.4. The second contention is that though the accused was remanded to police custody and remained in police and judicial custody almost for 20 days nothing was recovered and no recovery has been proved. Lastly, Mr. Sarkar submits that even if all the facts are taken to be proved no offence under Section 392 I.P.C is made out and at best it is a case of theft.