UJJAL RAHA @ NOBU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred against the judgment and orders dated 19/12/7 and 20/12/7 passed by the court of the Learned Additional Session Judge, Fast Track Court No. 1, Barrackpore in Sessions Trial No. 1(1)/07 under Ss. 395/412 of the Indian Penal Code, 1860, (Sessions Case No. 3(8)/2006 arising out of G.R. Case NO. 1008/06 in connection with Ghola Police Station Case No. 73 dated 11/4/6 under Sec. 392 of the Indian Penal Code, thereby convicting the appellant of the charge under Sec. 395 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.1000.00 in default to undergo further rigorous imprisonment for 3 months.

(2.) Ghola Police Station Case No. 73 dated 11/4/6 under Sec. 392 of the Indian Penal Code was initiated on the basis of GD Entry No. 1034 dated 16:10 hrs regarding the alleged commission of offence at 3 a.m. The complainant Md. Sahidur Sk., son of Rustam Ali, resident of Natun Malancha, District - Murshidabad alleged inter alia that he was the driver of Tala LP Truck bearing no. WB 41B - 5986 owned by Sukla Das, wife of Shyamal Das, resident of Madhyamgram Rabindra Pally, Police Station - Barasat. On 9/4/6 he went with the truck to Islam Bazar for transporting sand. He along with two khalasis reached in front of the Kalyani Express way and approached towards Sodpur road and kept the truck by the side of road to reach in a roadside hotel at about 11 p.m., on 10/4/6. Thereafter they slept there in the truck. At about 3 a.m. in the morning they started approaching towards Madhyamgram. After passing Sajirhat crossing when they were moving towards New Barrackpore No. 8 Rail Gate, one white coloured Tata Sumo overtook them from behind and stopped in front of their truck. Three miscreants pointed firearms and made him and the khalasis descend from the truck and board the Sumo. He could see the miscreants near Bodhan Club in the light of lamp post and they were all aged about 25 to 30 years, wearing shirts and pants. Then they tied up their hands, feet's and covered their eyes and started driving the vehicle. After quite some time the miscreants left them in a lonely place. After a long time they could open their hands, feet's and eyes to fathom that they had been left near Rajarhat New Township Field, then they walked to cross Pachakhal field to reach the main road. Subsequently, they boarded a taxi to reach Madhyamgram Trinath Petrol Pump wherefrom the complainant informed the owner. They along with the owner ed for the truck near Bodhan Club and the nearby area but they could not find the truck. The miscreants conversed in Bengali and Hindi.

(3.) After investigation the charge-sheet no. 93 dated 4/7/4 under Sec. 392/395/412 of the Indian Penal Code was submitted against (1) Nripen Debnath @ Suman (2) Sumit Dey (3) Pappan @ Soumyajit Poddar (4) Provat Kr. Ghose and (5) Ujjal Raha @ Nobu (the appellant). Finally, charges were framed against the appellant and others when they pleaded not guilty and claimed to be tried.