KRISHNAPADA DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the decision of the Sessions Judge, Calcutta, dated 31st August, 1998. The appellant has been convicted for an offence under Section 412 of the IPC and sentenced to suffer a rigorous imprisonment for three years and to pay a fine of Rs.3,000/- (Rupees three thousand only).

(2.) The case of the prosecution in brief is that one Ganesh Chandra Basak, a goldsmith, working in the shop owned by Bimal Chandra Basak, was present in the shop at night on 15th June, 1994. At 1.45 a.m. two persons prised open the door of the shop, entered the shop and dragged him out, threatening to kill him. They forced him to sit at a little distance away from the shop. Three to four other persons entered the shop. While they were in the shop two lorries came and halted in front of the shop. The men who had entered the shop snatched articles from the shop within three to four minutes, and all of them fled away in the lorries. Ganesh Chandra Basak raised a hue and cry after these persons had left. He entered the shop and found that an iron chest or safe and a clock kept on it had been stolen by these persons. Some other persons gathered near the shop when he raised an alarm, and they informed the owner of the shop at Madhyamgram. According to Ganesh Chandra Basak the accused were talking in Hindi and Bengali and were abusing him. They threatened him and kept him seated. When they fled away, they hurled a bomb on the road. However, nobody was injured.

(3.) Ganesh Chandra Basak lodged the complaint. A charge-sheet was filed against the appellant and one Lakshman Kar under Section 412 of the IPC. Two other persons, Asraf Ali and Anwar Hossain, were charged for having committed an offence punishable under Section 395 read with 397 of the IPC. According to the prosecution the appellant and the other accused disclosed the place from where the ornaments were recovered.