RAGHUNATH DEY AND Vs. STATE

JUDGEMENT

(1.) These two appeals are directed against the judgment and order dated 10/04/1996 passed by Shri A. K. Bose, Additional Sessions Judge, 2nd Court, Howrah in Sessions Trial Case No. XI (7) of 1992 arising out of G. R. Case No. 276 of 1990 and FIR No. 49 dated 9-2-90 of the Police Station-Bally, District - Howrah. By the said judgment, the ld. Additional Sessions Judge found all the three accused persons, namely, Samir Bose, Santu Das and Raghunath Dey guilty under Section 396 of the Indian Penal Code, convicted them thereunder and sentenced each of them to suffer Rigorous Imprisonment for life. No separate sentence was passed for payment of fine. Accused Santu Das was also convicted under Section 412 of the Indian Penal Code and was sentenced to suffer Rigorous Imprisonment for five years and to pay a fine of Rs. 2000/-, in default, to suffer further Rigorous Imprisonment for six months with a direction that both the substantive sentences against him were to run concurrently.

(2.) The prosecution case in brief is that on the basis of the statement of one Saila Kumari Singh recorded by the police officer visiting her residence at 7/AB, Bamungachi, Railway Colony on 9-2-90 at 9.50 p.m., the FIR No. 49 dated 9-2-90 was recorded. It was stated before the police by the informant that on 9-2-90 at about 8.00 p.m. five persons entered inside their residence and one person stood in front of the gate as a guard, that those persons were carrying arms like Bhojali, pipegun in their hands, that they pushed her inside the room where the other inmates of the family were present, that they showed them the Bhojali and pipegun and threatened them to kill if they shouted, that the miscreants forcibly snatched away the keys from her mother and also snatched away the gold chain from her mother's neck, that they tried to open the almirah and they snatched away a silver chain from the neck of the wife of her elder brother, that her mother pushed one of them and opening the backdoor of the room started shouting, that hearing the shout, one of the dacoits fired from his pipegun which struck the thai of her nephew, Tinku Singh, that Tinku Singh sustained bleeding injury and fainted and was removed to a local doctor and then to the Howrah Hospital where he died.

(3.) The police investigated the case, arrested six persons including the three convicted persons and recovered two chains. The Test Identification Parade of the accused persons was also held and the statement of the accused Santu Das was recorded. Different witnesses were examined and after the close of the evidence, a charge-sheet was filed against all the six accused persons and cognizance was taken by the ld. SDJM on 2-12-91 and ultimately, the case was committed to the Court of Sessions on 21-7-92 with a direction upon the sureties to produce the absented accused persons before the Court of Sessions.