ALOKE BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 30.01.2018 and 01.02.2018 passed by the learned Additional Sessions Judge, Ranaghat, Nadia in Sessions Case NO.9(5)2013 and S.T. no. 2(7)2013 convicting the appellants for commission of offence punishable under Sections 392 and 411 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for a period of ten years each and to pay a fine of Rs.5,000/- in default to suffer rigorous imprisonment for six months more for the offence punishable under section 395 of the Indian Penal Code and to suffer rigorous imprisonment for three years each and to pay a fine of Rs.2000/- for the offence under Section 411 of the Indian Penal Code. Both the sentences run concurrently and fine amount, if realized, be paid to the de facto complainant. By the selfsame judgment and order, co-accused Krishna Mondal was convicted and sentenced under Section 411 of the Indian Penal Code and two other accused persons, namely, Ajit Das @ Christian Babu and Subrata Biswas who are convicted for the charges levelled against them.

(2.) Prosecution case as alleged against the appellants and other accused persons is to the effect that in the midnight between 15.12.2012/16.12.2012 at about 1:15 hours, five masked unknown men entered the house of one Tentul Ghosh, P.W.1 by breaking the lock of the collapsible gate, thereafter, they assaulted Tentul Ghosh and other family members; snatched the key of the almirah and took out gold ornaments, other articles and documents from the almirah. Then, they left with the motorcycle bearing No. WB 52-C4218 belonging to Tentul Ghosh. On hearing hue and cry, local people arrived at the spot. The miscreants were aged between 18 and 25 years. They were wearing jeans and jacket and three of them were speaking in Hindi and two were speaking in Bengali. It was noticed 40 bhories of gold ornaments, cash of Rs.35,000/- were stolen along with the motorcycle. First Information Report was lodged by Tentul Ghosh, PW 1.

(3.) In the course of investigation, the appellants were arrested near a hotel named and styled as "Maa Hotel" and upon their leading statement golden wristband (Mat Ext.I) and sum of Rs.13,000/- was recovered from the residence of appellant no.1. Pursuant to the statements of the appellants, other accused persons including Krishna Mondal, Ajit Das @ Christian Babu and Subrata Biswas were arrested. From the residence of Krishna Mondal gold chain (Mat Ext.V) was recovered. Cash was also recovered from other accused persons. In the course of test identification parade, P.W.2 identified the appellants. In conclusion of the investigation, charge-sheet was filed and charges were framed under Sections 395/ 397/ 412 of the Indian Penal Code and under section 27 of the Arms Act. The appellants and other accused persons pleaded not guilty and claimed to be tried.