LAWS(CAL)-2013-7-21

ASHIS SAHA @ MILAN Vs. STATE OF WEST BENGAL

Decided On July 12, 2013
Ashis Saha @ Milan Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgement and order dated 21.06.2010/22.06.2010, passed by the learned Additional Session Judge, Fast Track, 1st Court, Sealdah, 24 Parganas (South) in S.T. No. 06(06)/2007 arising out of Phoolbagan Police Station Case No. 182 of 2006 dated 10.12.2006 under section 395/397 of Indian Penal Code read with Section 25/27 Arms Act and thereby sentencing the appellants to undergo R.I. for 7 years and to pay fine of Rs. 5000/- for committing offence 397 IPC and R.I. for 10 years and to pay a fine of Rs. 5000/- for committing offence under section 395 of IPC with a direction that both the sentences would run concurrently.

(2.) The prosecution case before the learned Trail Court is stated below, in brief :

(3.) There was metal scrap godown of Ruby Trading Company at 56, Canal Street, Kolkata 54 owned by one Ashok Agarwal. One Dilip Gupta took that godown on rent. Lalmohan Paswan was an employee of Ashok Agarwal and was the custodian of the keys of the godown. He, Mohanta Guchhait and Jagabandhu Chhatoi used to sleep in the godown. On 9/10.12.2006, at about 01.30 hours; they heard some odd sounds and woke up. They found three persons standing infront of them aiming guns towards their heads. The miscreants demanded keys of the godowns from Lal Mohan who replied that the keys were in the custody of the owner of the godown. The godown was made of asbestos shed. The miscreants broke open the lock of the godown and entered therein after putting Lal Mohan Paswan, Mahanto and Jagabandhu in a room of the godown under lock and key. Chhotelal Yadav, of driver one Tata Sumo car was subsequently lodged in the said room by the miscreants. The miscreants took away gunny bags containing metal scraps and some bundle of pipes, loaded the bags and pipes in the Tata Sumo car of Chhotelal Yadav and left that place by that car. In the morning, after being rescued by the local people, Lal Mohan informed Dilip Gupta about the incident. Dilip Gupta reached there and thereafter he together with Lal Mohan and Mohanto went to Phoolbagan police station and lodged one F.I.R. on the basis of statement of Lal Mohan. Phoolbagan police station case no. 182 of 2006 dated 10.12.2006 was started against four unknown miscreants under section 392 and 397 for committing rubbery and attempt to cause death or grievous heart in committing rubbery and under section 25/26 Arms Act for possessing and using fire arms by illegal means.