MD. RAJU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Appeal, being C.R.A. 292 of 2010, has been preferred by Md. Raju and the Appeal, being C.R.A. 490 of 2010, has been preferred by Md. Salim alias Israil. Both of them together with others were found guilty of the offences under Sections 398 and 324/34 of the Indian Penal Code in Sessions Trial No. C/424/2005. By the judgment dated 28.04.2012, the learned Additional Sessions Judge, Fast Track Court No. 1, Howrah, recorded their conviction and sentence. Md. Raju was sentenced to suffer Rigorous Imprisonment for seven years and to pay fine of Rs.2,000/- for the offence punishable under Section 398 of the Indian Penal Code and further sentence to suffer Rigorous Imprisonment for three years and to pay fine of Rs.1,000/- for the offences punishable under Sections 324/34 of the Indian Penal Code. The appellant Md. Salim alias Israil was similarly sentenced for the same offences. Since they challenged the same judgment whereby they were convicted, this Court proposes to dispose of both the appeals by this common judgment.

(2.) ON 27.02.2005, at about 2.35 A.M., four miscreants entered into the house of Puranmal Agarwal with arms and ammunitions. They threatened Smt. Gayatri Agarwal, wife of Puranmal Agarwal, who raised hue and cry and Bhagwati Agarwal, brother of Puranmal Agarwal, who came out and saw the miscreants standing in front of the door of his bedroom on the first floor. The miscreants threatened him at the point of firearms and chopper, but Bhagawati jumped on one of them and caught hold of him. Bhagawati was assaulted by the miscreant badly. In the meantime, Puranmal Agarwal and others came out of their rooms but three other miscreants escaped after opening the western door of the ground floor. The miscreant, who was apprehended, had a scuffling with Bhagawati and, as such, both of them fell down from the last stair of the ground floor. The miscreant as well as Bhagawati both received injuries due to such fall. A bomb, which was being carried by the miscreant, exploded at that time. The said miscreant and Bhagawati received injuries due to blasting of bomb. Police was informed and the miscreant, who was apprehended, was handed over to police with firearms and ammunitions. Arrangement for medical treatment was made. The miscreant disclosed his name as Md. Salim alias Israil. He was aged about 20 years while the miscreants who could escape were having average age of 30 years.

(3.) MR . Ghose, learned counsel appearing on behalf of the State of West Bengal contended that intention, being a mental state-of-affair, is to be deduced from the fact situation, conduct and other factors. Mr. Ghose contended that from the fact that four persons entered into a house at an odd hour armed with deadly weapons, threatened the inhabitants with dire consequences, one of them was caught and other escaped, in all probabilities, it can well be understood that they entered into the house of Puranmal Agarwal for nothing but committing dacoity or robbery. It is true that the learned Judge did not consider this fact separately but found himself satisfied with the evidences adduced by the prosecution as a whole and came to a findings that the offences under Sections 398 and 324/34 of the Indian Penal Code were well proved.