LAWS(CAL)-2022-3-149

JOYDEEP ROY Vs. STATE OF WEST BENGAL

Decided On March 14, 2022
Joydeep Roy Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Appellants have challenged the judgment and order dtd. 6/2/2012 and 7/2/2012 passed by learned Additional Sessions Judge, Diamond Harbour, South 24-Paraganas, in Sessions Trial No. 11082006 arising out of Sessions Case No. 14072006 convicting them and one Sunil Mondal @ Chittu for commission of offence under Sec. 396 of the Indian Penal Code and one Momrej Ali Khan @ Bhikari under Sec. 395 of the Indian Penal Code and sentencing the appellants Azim Mistry, Bidhan Ghorui, Joydeep Roy @ Raju and Ranjit Mondal @ Rana to suffer imprisonment for life and to pay a fine of Rs.2,000.00 each in default to suffer simple imprisonment for six months each and the appellant Sk. Motleb and Sunil Mondal @ Chittu to suffer rigorous imprisonment for ten years and to pay a fine of Rs.2,000.00 each in default to suffer simple imprisonment for six months each for the selfsame offence. Appellant Azim Mistry was also convicted under sec. 25 (1-B) (a) of the Arms Act and sentenced to suffer rigorous imprisonment for three years and pay a fine of Rs.1000.00, in default, to suffer simple imprisonment for three months more.

(2.) Prosecution case, as alleged against the appellants and one Sunil Mondal @ Chittu and Momrej Ali Khan @ Bhikari is to the effect that on 24/3/2006 one Asraf Gazi, P.W. 1 had boarded a train commonly known as "cash train" from Magrahat Station around 2:30 p.m. P.W. 1 was carrying a sum of Rs.96,900.00 on behalf of his employer Golam Md. Gazi who ran a meat shop for purchasing buffaloes for his business. He had kept the money concealed in an underwear pocket which was covered with chocolate wrapper and kept in a red and white coloured bag. When the train reached Hotor Railway Station, two boys boarded the train and sat opposite to P.W. 1. Thereafter the train reached Durgapur station and proceeded towards Kalyanpur. At that juncture, one of the boys placed a pistol on the head of P.W. 1 while the other placed a pistol on his stomach. The person who placed up a pistol on his stomach hit him on the hand with the butt of the firearm. The other miscreant who had placed pistol on his head snatched away the red and white coloured bag containing money. He cried out "dakaat dakaat". The boys fled towards the door of the compartment. When P.W. 1 proceeded towards to door, he found two more persons standing with pistols in their hands. One of them shouted 'Awaj Kara'. Thereupon, the other fired from his pistol. A boy sitting in the compartment was hit with a bullet and fell down on the seat. His clothes were drenched in blood. As the train slowed down at Kalyanpur station, the dacoits got down from the train and fled away. He also got down at the station and informed his employer who asked him to go to Baruipur GRPS. Son of his employer came to Baruipur GRPS. He narrated the incident to him and the latter scribed the written complaint which was lodged at the police station.

(3.) P.W. 2, Officer-in-charge of Diamond Harbour GRPS, received written complaint from Asraf Gazi, P.W. 1 and commenced investigation. He went to the place of occurrence and thereafter to Baruipur Hospital where he saw the dead body of the victim boy viz., Somnath Majumdar.