JAGABANDHU MITRA Vs. STATE

JUDGEMENT

(1.) These three appellants were tried along with two other persons Tarak and Tarapada by a Special Tribunal constituted under the Tribunals of Criminal Jurisdiction Act, 1952 (West Bengal Act 14 of 1952). The case was first instituted on the information lodged by Chandranath Mitra, the Cashier of D. Waldie & Co at Konnagar on the allegation among other things that a number of persons armed with deadly weapons had committed robbery after hurting seriously one Dinanath, a Durwan of the company by throwing bombs. As a result of the injuries received the Durwan died. The Police after investigation submitted charge sheet against Harendra Nath Bab and Jagabandhu Mitra under Sections 392, 397, 302/34, I. P. C., against Harendra Nath Bag also under Sections 3 & 5, Explosive Substances Act, against Jagabandhu also under Section 3, Explosive Substances Act; against Kanailal Das under Sections 392, 397 & 114, I. P. C., against Tarak and Tarapada under Section 411, I. P. C., and against Ram Chandra Ray who was shown as absconding under Section 392/397/114, I. P. C.

(2.) This case was allotted to the Special Tribunal at Hooghly by an order of the Government. Thereafter the learned Judge presiding over the Special Tribunal "took cognizance of the case" and tried all the accused persons. Charges were framed by him under Section 394, I. P. C., against Harendra Nath Bag, Kanai Lal Das, Ram Chandra Ray and under Section 394/397, I. P. C., against Jagabandhu Mitra. He also framed a charge under Section 3, Explosive Substances Act, against Jagabandhu and under the same Section against Harendra Nath Bag. Against Tarak Nath Chowdhury and Tarapada Das he framed charge under Section 411 I. P. C, The Judge acquitted Tarapada and also Bam Chandra of the charges against them. He convicted Jagabandhu under Section 394/397, I. P. C. and sentenced him to R. I. for 7 years for that offence. He convicted Jagabandhu also under Section 3, Explosive Substances Act, and sentenced him to R. I. for three years therefor, the sentences to run concurrently. He convicted Harendra under Section 394 I.P.C., & under Section 5, Explosive Substances Act, and sentenced him to R. I. for 7 years for the first offence and R. I. for 3 years for the second offence and directed that the sentences should run concurrently. He convicted Kanailal under Section 394, I. P. C., and sentenced him to R. I. for 7 years for that offence.

(3.) The prosecution case was that on 7-7-1952 when Chandra Nath Mitra, the cashier of D. Waldie & Co. was going with a Durwan Dinanath Jaisi to whom he had handed over Rs. 11298/5 in two bags on a tray, with the intention of making payments to employees of the Company in the zinc Department therewith, Jagabandhu Mitra and Harendra Nath Bag attacked them; three bombs were thrown in quick succession one by Jagabandhu and when the Durwan fell, the tray with the money also fell down on the ground; Harendra picked up the bundles of money and ran towards the river Hooghly followed by Jagabandhu. Both of them, it is said, got into a boat and crossed to the other side of the river where lies the town of Panihati. Kanai Lal Das and accused who is not before us, i.e. Ram Chandra Ray, are said to be the other two men who were on the boat. It is further alleged that as that boat reached the that of the cremation ground at Panihati, first Ramchandra and then the other three men jumped from the boat and tried to escape but while Ramchandra managed to escape, the other three, Kanai, Jagabandhu and Harendra were pursued and caught. At the time of arrest, it is said, bags in which there were some bombs as well as the stolen money were found.