MAHENDRA @ MOHINDAR SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two appeals are preferred against the judgment and order of conviction dtd. 20/11/2006 and 21/11/2006 passed by the Learned Additional Sessions Judge, Fast Track, 9th Court, Bichar Bhawan, Calcutta in Sessions Trial No.1(3) of 2003 arising out of Sessions Case No.4 of 2003 and thereby convicting the appellants to undergo rigorous imprisonment for a term of 7 years and also pay fine of Rs.2,000.00 each in default to suffer imprisonment for 3 months for committing offence under Ss. 395/357 of the Indian Penal Code.

(2.) The prosecution case precisely stated on 10/8/2002 a complaint was filed by one Umesh Kumar Kanodia at Burrabazar Police Station inter alia informing that on 10/8/2002 at around 20:45 hrs, he was present at the office of the shop at the 1st floor along with other employees in and around the office. As they were getting ready to function the shop, three or four unknown persons within the age group of 20 to 29 years suddenly entered the shop. Two of them held revolvers in their hands and forcibly brought Raj Kumar Singh and Parasuram inside the office. Another person with one "Bhojali" in his hand stood inside the office room of the shop, one person with a revolver in his hand removed the telephone connections, both the persons with revolver in their hands aimed at them and threatened them with dire consequences. Tthey demanded keys to the cash drawer lying with the de-facto complaint. The accused persons snatched the "key bunch" from the de-facto complainant and opened the drawer of the box underneath the gaddi wherein a cash of Rs.5,30,000.00(Five lakhs thirty thousands) only was kept. The accused persons took out the cash from the drawer and kept the same in a polythene packet. They also snatched the gold neck chain of the de-facto complainant weighing about 15 grams and two gold finger rings fitted with cat's eye and small diamond from de-facto complainant. They also recovered a cash of Rs.15,000.00(fifteen thousand) only from the cash box and disconnected telephone lines. Thereafter they snatched one mobile phone, Sony make from Naresh Khandelwal bearing no. 9830253326. They also snatched one Gold finger ring from Ram Surat Singh. Before leaving the place they also disconnected intercom line and two of their employees namely Raj Kr. Singh and Poonam Chand Dugar were injured by them.

(3.) The de-facto complainant further mentioned in the complaint that just after leaving the premises, the accused persons hurled one bomb near the entrance gate of the premise.