SANATAN ALIAS SONA LAYEK Vs. STATE

JUDGEMENT

(1.) G. C. DE, J. :- This appeal by the convict Sanatan alias Sona Layek is directed against the judgment and order of conviction and sentence dated 5-6-1998 passed by the learned Additional Sessions Judge, 5th Court, Midnapore in S.T. Case No. XLIX/ July/97 arising out of G.R. Case No. 1967/88. By the said judgment the convict was found guilty under S. 396 of I.P.C. convicted him thereunder and was sentenced to suffer imprisonment for life and also to pay a fine of Rs. 2000/- i.d. to undergo R.I. for six months. By the said judgment other three accused persons, namely 1) Anil Patra alias Methra, 2) Diban alias Manu Mandi and Zebra Ari alias Gour Bera were found not guilty to the charge under S. 396 of I.P.C. and accordingly all of them were acquitted under S. 235{2), Cr. P.C.

(2.) Prosecution case in brief is that four persons, namely, Ramkrishna Ponda, Ratikanta Adhikary, Bimal Das and Rampada Sau while returning to their village home at Pasang from Radhamohanpur Railway Station within District Midnapore they were intercepted by a gang of dacoits, were assaulted, robbed of the belonging, tied up and kept detained and Bimal Das was forced to take a group of the dacoits to his house. In the house of Bimal Das the dacoits took away the ornaments and other valuables. Thereafter on hearing hue and cry from the house of Bimal Das the villagers assembled and also went to the place where the other three villagers were kept detained by the dacoits. There they found Ramkrishna, Ratikanta and Rampada Sau in injured condition and they shifted the injured persons to Pasang Primary Health Centre where Rampada Sau was declared dead by the Medical Officer. However, Ramkrishna and Ratikanta were treated.

(3.) Meanwhile the elder brother of Bimal Das lodged a written complaint (Badal DasP.W. 1) to the local P.S. on the basis of which formal F.I.R. was drawn and Debra P.S. Case No. 2 dated 5-12-1988 was started at 8.15 hours. The case was investigated by police in course of which stolen articles were recovered from different places and few of the accused persons were arrested. They were placed in the T.I. Parade where Bimal Das identified the convict Sanatan alias Sona Layek and Dilip (since absconded).