KRISHNA ROY Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 23.09.2011 passed by the learned Additional Sessions Judge, Fast Track, 4th Court, Alipore, South 24 Parganas in Sessions Trial No. 08(04)09, inter alia, convicting the appellants for commission of offence punishable under Section 395/397/120B of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for seven years each and to pay a fine of Rs.3,000/- each, in default to suffer rigorous imprisonment for six months more for the offence punishable under Sections 395/120B of the Indian Penal Code.

(2.) The prosecution case, as alleged, against the appellants is that one Sachindra Kumar Roy, son of Late Sasikanta Roy of Flat No. 3A, 3rd Floor, at premises no. 274, Rashbehari Avenue, made a statement to the Investigating agency that on 30.09.2008 at about 12:30 hours one unknown person rang up on his mobile phone and wanted to meet with him regarding changing his mobile handset. As he agreed three persons entered into his flat by ringing his door bell. They showed some catalogues of various mobile handsets but he was not agreeable to buy any of them. Thereafter, one of three persons called another person over his mobile phone. Then, another person entered his room with different mobile handsets. The person who came last took a bed sheet from his bedroom and tied him to the sofa and gagged his mouth by piece of cloth.

(3.) He was also assaulted by that person with the handle of his firearm over his head and left index finger and sustained blood injury. Thereafter the miscreants tied up his sister Santa Roy (PW-4) by white cloth with the chair. The miscreants ransacked the almirah and drawers of the complainant and took away cash money, gold and diamond ornaments and also some other valuable goods. Soon after the departure of the miscreants somehow he released himself and also managed to unfasten his sister. Santa Roy stated that the miscreants had snatched her golden bangle. Thereafter, they found cash money of Rs.25,000/- to Rs.30,000/- , 15 US Dollars, 20 U.K. Pounds, one set of golden necklace with blue stone, gold ear rings, finger rings, diamond fitted finger rings, one piece Gini and two Nokia mobile sets which were stolen. He was taken to Calcutta National Medical College and Hospital for treatment. On his written complaint, First Information Report was registered being Gariahat Police Station Case No. 190 of 2008 dated 30.09.2008 under Sections 394/397 of the Indian Penal Code and Sections 25(1B)(a)/27 of the Arms Act.