SK. MUNNA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dtd. 24/9/2008/25/9/2008 passed by the Learned Additional Sessions Judge, 6th Fast Track Court, Bichar Bhavan, Calcutta in Sessions Trial No. 1 of February 2008 which corresponds to Sessions Case No. 103 of 2007 convicting thereby the appellant for commission of an offence punishable under Sec. 392 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for six years and to pay fine of Rs. 2,000.00 in default to suffer rigorous imprisonment for six months more.

(2.) The prosecution case precisely stated that on 21/9/2007 at about 1:45 p.m. when the de-facto complainant namely Sonali Pramanick (PW-1) was proceeding along C.R. Avenue in her car, it came to a halt due to the signal at C.R. Avenue near Trust House. The de-facto complainant was sitting on the rear seat of the car and the window of the car was open. At that point of time when the car came to a halt, the accused/appellant committed robbery in respect of a gold neck chain which the de-facto complainant was wearing weighing about 8 gms. at the point of knife. On hearing the shouts of the de-facto complainant, who screamed "Chor Chor" her brother (PW-2) who was sitting beside her in the rear seat of the car, chased the appellant and the driver of the said car (PW-7) also chased the appellant but as the car was waiting at the signal, the driver had to come back. On hearing the shout of the de-facto complainant both the public and a police guard (PW-5) chased the appellant and he was apprehended near the crossing of B.B. Ganguly Street and C.R. Avenue. He was taken to Bowbazar Police Station where on the complaint of said Sonali Pramanick a case being Bowbazar Police Station Case No. 332 dtd. 21/9/2007 under Sec. 397 of the Indian Penal code was registered for investigation.

(3.) After completion of a purported investigation the Investigating Officer, S.I. J.S. Mukherjee submitted charge-sheet against Sk. Munna for the offence under Sec. 392 read with Sec. 397 of the Indian Penal Code.