STATE OF WEST BENGAL Vs. MUNWAR ALI KHAN

JUDGEMENT

(1.) This appeal is directed against the judgement and order of acquittal passed by the learned Additional Sessions Judge Purulia in Sessions Trial No. 24 of 1989 whereby the sole respondent hereinabove was acquitted of the charge in respect of 395, I.P.C.

(2.) The aforementioned order of acquittal dated 25/7/1989 is under challenge at the instance of the State of West Bengal mainly on the ground that the learned trial Court failed to appreciate the general tenor of evidence adduced by eye-witnesses including PW1 Panchanan Mondal, Khalasi of the goods van, who proved the decoity on the van and also identified the accused respondent in T.I. Parade held before the learned Magistrate P.W. 16 as the person who snatched his belongings i.e. the full shirt and the torch bearing proper identification mark. Furthermore, the learned Court below also failed to take into consideration the other relevant corroborative evidence, materials and circumstances on record coupled with extra judicial confession of the accused before the PWs pointing unerringly to the inference of guilt against the accused beyond all reasonable doubts. THE impugned judgement and order of acquittal has thus occasioned a failure of justice.

(3.) On completion of investigation the charge-sheet under section 395, I.P.C. was submitted against the respondent. The relevant G.R. Case No. 346 of 1984 was subsequently committed to the Court of sessions by the then learned SDJM Purulia on 09.12.1985. Accused respondent Manowar Ali was charged under section 395, I.P.C. and accordingly on his pleading not guilty to the charge, he was put on trial.