RABIYAL MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by learned Sessions Judge, Bankura in Sessions trial No. 3(6) of 1993 arising out of Sessions Case No. 7(3) of 1993 sentencing each of the Appellants to suffer R. I. for eight years and to pay fine of Rs. 600/- in default to suffer R. I. for six months under Section 392 Part-I of the Indian Penal Code.

(2.) The prosecution case, in short, is that on 27.3.1992 at about 10.00 p. m. the informant along with others, in all 55 persons boarded a reserved bus bearing No. 2706 and were proceeding to Calcutta to attend a meeting of the CPI(M) party at Brigade Parade Ground. At about 11.45 p. m. when the bus came near Leprosy Colony at Peardoba, the road was found obstructed with boulders and pipes. The driver slowed down the speed of the vehicle. In the light of the bus it was found that 2/3 persons were rushing towards the bus and they hurled a bomb to the left side of the cabin of the bus. The driver had to stop the bus. The glass-panes of the windows of the bus were smashed. Those persons were pelting stones through the windows of the bus and began to show the sharp cutting weapons like bhojali, tangi etc. through the windows. The passengers sitting at the window side received injuries. Ultimately, the gate of the bus was opened and a person got into the bus with a bhojali. Thereafter another man, named, Shanti was called who also got into the bus with a bhojali in his hand. The second man began to collect the articles from the passengers. Out of fear the passengers began to hand over their belongings whatever they had with them. They took the wrist watches, ear rings made of gold and silver, some nose rings, sarees etc, worth Rs. 25,000/-. In the meantime another bus from Bibarda came there with the police. After arrival of police those persons fled away to the jungle in the eastern side. The dacoits were five in number.

(3.) After investigation the chargesheet was submitted. The learned Trial Judge framed charge under Section 395 I. P. C. against five accused persons and under Section 412 against three accused persons. The accused persons pleaded not guilty and claimed to be tried.