SK. NAWSAD ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against an order of conviction under Sec. 392 of IPC against 4 Appellants passed by the Learned Additional District and Session Judge 3rd Fast Track Court, Bichar Bhavan Calcutta in S.T. NO.1 of August, 2005 whereby the appellants were sentenced to suffer 5 years and to pay a fine of Rs.1000.00 in default to suffer Rigorous Imprisonment for an additional period of 3 months.

(2.) On treating the statement made by Hasibul Hasan on 20/4/2004 recorded by S.I D.I the F.I.R was registered as cognizable offence was reported under sec. 154 Cr.P.C at Burrabazar Police Station against 3 unknown persons including the present appellant. The content of the statement was that on 20/4/2004 at about 18.30 hrs. he returned to his office after performing different jobs entrusted by Sri Shambhu Nath Dutta ,the proprietor of the Firm M/s. Laxmi Stores ,where the complainant was working as a sales person. At about 20.00.hrs he was delivered a navy blue colored side bag marked 'Club' which contained Rs.6,30,000.00 and two invitation card of Md. Sahabuddin and Raghu Nath Prasad Gupta ,other than Bank statement and other documents, to deposit the said amount at the house of Sri Dutta. Accordingly he left his office and was proceeding along Brabourne Road when he was attacked by 3 unknown persons or more who threatened him in front of M/S Swatik PINS (P) LTD,19 Synagauge ,Kolkata -700001 by showing some hard substances in their hands.They specifically stated to handover the bag otherwise he will be killed. He became puzzled and perplexed and then the persons assaulted him and took the money and the document kept inside the bag despite the resistance made by him and the straps of the bag remained with him when they took the bag. The description of the accused persons given by the complainant was like, one of them medium complexion, 5'10'' in height wearing full sleeved check shirt and light colored full pant and was of medium built. The other miscreant was also of medium complexion approx. 5'5'' height well-built having bulging stomach and wearing half sleeved shirt and full pants. Another miscreant was of medium complexion, with 5'2'' height wearing half sleeved shirt and full pant. He too was of medium built and bulging stomach. After that he shouted for help but the miscreants managed to escape with the bag itself along with the money and documents .He then went back to his shop and told the entire incident to Sri. S. Dutta .Thereafter he came to police station .He further stated that the money were of Rs.500.00and 100/- denominations .

(3.) In course of investigation the complainant identified the present appellant in T.I. parade and the Navy blue colored side bag was found from Dipak Kejriwal the Appellant in CRA 16 Of 2007 who was arrested on 23/4/2004 and an amount of Rs.5,30,000.00 along with some documents were found from his possession. On 22/4/2004 the other two accused persons were arrested and accordingly the charge sheet was submitted against them .The police arrested 5 accused persons and shown arrest one accused person who was in custody in connection with another case. The charge was framed against all the 6 accused persons under Sec. 395/397 IPC and the content of the charges were read over and explained to them to which they pleaded not guilty and claimed to be tried. Hence the trial commenced.