MONGAL CHANDRA DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal under section 374 of the Code of Criminal Procedure read with section 9 of the Criminal Amendment Act 1952 is directed against the judgment and order dated 5th January 1978 passed by Sri S.K. Mitra, learned Judge, 1st Special Court, Alipore in Special Case No. 17 of 1976 whereby the learned Judge was pleased to convict the accused appellants (Mongal Chandra Dey, Kashiswar Sarkar, Sudhir Mirdha alias Sushil Krishna Mirdha) under section 120B of Indian Penal Code and sentencing each of them to undergo Rigorous Imprisonment for six months and to pay a fine of Rs. 200/- each in default to suffer Rigorous Imprison for one month each and further convicting accused appellant No. 1 under section 409 of Indian Penal Code and sentencing him to suffer Rigorous Imprisonment for one year and also to pay a fine of Rs. 300/- in default to suffer Rigorous Imprisonment for two months and acquitting one of all the charges.

(2.) The facts leading to the filing of this Criminal appeal may be stated as follows: That on 22.04.1974 at 10 a.m. one Sushil Kumar Hore, came to the aforesaid Police Station along with some other villagers and reported that on the previous day three barrels of Diesel oil containing 600 litres of oil were received by Mongal Dey, a Chowkidar of Gazipur River Lift Irrigation Scheme No. II and on the nigh of 22.4.1974 at about 3 a.m., the aforesaid Chowkidar raised alarm as "Thief Thief" and being attracted with such alarm, the villagers assembled and then he stated before them that some criminals after keeping him confined at that place had stolen three barrels of diesel oil from the pump and the aforesaid representation and looking into the conduct of Chowkidar it was suspected by the villagers that the Chowkidar along with others removed the said three barrels of oils and on receipt of the aforesaid complaint, Sub Inspector Benoy Krishna Banerjee attached to the aforesaid Police Station went to the spot and on thorough search recovered three barrels from the house of Sri P.R. Biswas and thereafter Sub Inspector B.K. Banerjee started a suo moto case at the Police Station under section 409/411 of Indian Penal Code.

(3.) The police took up the investigation and upon investigation it was found that the aforesaid Chowkidar Mongal Chandra Dey entered into the criminal conspiracy with the local criminals namely Kashiswar Sarkar and Sudhir Mirdha and accordingly police submitted charge-sheet against the four accused persons viz. Mongal Chandra Dey, Kashiswar Sarkar, Sudhir Mirdha and Promotho R. Biswas, since acquitted.