NETAI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court:- This appeal has been preferred against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 3rd Court, Burdwan, in Sessions Trial No. 51 of 1986 arising out of Sessions Case No. 90 of 1986; whereby and whereunder the appellant, Netai Das, was convicted for commission of the offence punishable under Sec. 25(1B)(a) read with Sec. 35 of the Arms Act and sentenced to suffer Rigorous Imprisonment for two years.

(2.) To put briefly, the prosecution case may be stated as follows:

(3.) On 25/3/1983 the Officer-in-Charge of Memari Police Station got an information in the evening that a gang of dacoits assembled at an abandoned brick field at Chaitkhanda. After getting such information he diarised the information and collected force for the purpose of raiding the aforesaid place. He along with S.I. S. K. Roy, S.I. Mrinal Kanti Roy, S.I. Gourhari Mahapatra and some other police officers and constables left the police station in a police vehicle for the aforesaid place of occurrence. After proceeding sometime, they divided into two groups and were approaching the place of occurrence. After crawling for sometime they heard that the dacoits were gossiping amongst themselves and when they felt the presence of police officials, they began to hurl bombs at them and open fire from their firearms. The police personnel immediately rose from the ground and flashed their torch at the dacoits and disclosed their identity. But, as the bombs were still being hurled at them, they opened fire and ultimately they captured seven amongst the dacoits. Two of them became injured.