RAJU WILSON Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Two appeals were heard analogously as they emanated out of the same impugned judgement of conviction and the order of sentence. By the impugned judgement of conviction dated February 29, 2012 and the order of sentence dated March 1, 2012 the appellants were convicted under Sec. 396 of the Indian Penal Code, 1860 and sentenced to life imprisonment.

(2.) The case of the prosecution was that on June 9, 2005, the duty officer of the jurisdictional police station received a telephonic message from one Deepak Verma who reported that when he visited flat number 18, third-floor, 6, Bishop Lefroy Road, Kolkata, he found the main door of the flat ajar and despite knocking he did not receive any response. The police responded to such telephonic information and reached the place of occurrence. Upon entering the flat through the main door which was open, it was found that the victim was lying on the floor of the dining room with her hands and feet tied with from bedsheets. She was identified. Upon inspection of the flat, the almirahs were found ransacked and various articles like clothes, antique jewellery boxes and bundles of cash were found scattered. A cardboard box with the name of Mr. Sundaram written on it was found.

(3.) A First Information Report was registered on June 9, 2005 with regard to the incident. On completion of the investigations, the police submitted a charge sheet against the appellants and a juvenile. Charges were framed against the appellants for commission of offences punishable under Sec. 396 read with Sec. 120 B or alternatively Sec. 302 read with Sec. 120 B of the Indian Penal Code, 1860. The appellants pleaded not guilty and claimed to be tried.