MINTU SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant criminal appeal is preferred against the judgment of conviction and order of sentence dtd. 28/07/2015, passed by the Additional Sessions Judge, Kalyani, Nadia in Sessions Trial No. 10 (6) 2011 whereby the Appellant was convicted under sec. 411 of the Indian Penal Code and sentenced to three years rigorous imprisonment and fine of Rs.5000.00 in default simple imprisonment of six months further.

(2.) The de-facto complainant Sukhdeb Ghosh lodged a written complaint on 20/08/2010 . It was alleged in the written complaint that Sri Susanta Ghosh, the brother of the de-facto complainant, who had a business of potato, was returning home from Kanchrapara Bazar after collecting a sum of Rs.94,000.00 as his business dues. He was on his motor cycle. At that time three unknown persons began to follow him. They intercepted him on the way, assaulted him and tried to snatch away his money. He somehow managed to escape. But the three persons continued to follow him. Near Bagher Khal they again intercepted him and fired gunshot at his left knee. He fell down from his motor cycle and those miscreants snatched away from him the said amount of Rs.94,000.00 as well as his motor cycle. The said victim Susanta Ghosh was taken to a Kalyani J.N.M. Hospital where he was admitted and treated.

(3.) The written complaint was received by Kalyani Police Station and the case was registered as Kalyani P. S. Case No. 376/2010 dtd. 20/08/2010 under sec. 394 of the Indian Penal Code. On being so entrusted with, the Investigating Officer conducted investigation, visited the place of occurrence, prepared sketch map with index, examined available witnesses under sec. 161 of the Code of Criminal Procedure 1973, arrested the accused persons, recovered the snatched motorcycle from the present Appellant, on the basis of the statement of one of the accused and all other necessary and incidental acts. On completion of the investigation he filed charge sheet on 18/11/2010 under sec. 394/109 of the Indian Penal Code against one of the accused Monu Shaw, under sec. 394/397 of the Indian Penal Code against two other accused persons and under sec. 411 of the Indian Penal Code against the present Appellant.