MOHAN KAMI Vs. THE STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.9.83 passed by the learned Additional Sessions Judge, 3rd Court, Jalpaiguri in Sessions Trial No. 11 of 1983 whereby the appellant Mohan Kami was convicted of an offence under section 395, I.P C. and was sentenced to suffer R.I. for 10 years and also to pay fine of Rs. 2000.00 in default to suffer R.I. for 2 months more. The prosecution case which led to the aforesaid conviction and sentence may briefly be described as follows :

(2.) 2nd of June, 1979 was the birthday of the daughter of Sinha family of Zuranti Tea Estate. Sri S.B. Sinha P.W. 1 was the then manager of that Tea Estate. P.W. 2 Smt. Bakul Sinha was his wife. After the birthday celebration was over Sinha couple retired to their bed. Suddenly at about 1 a.m. they woke up and found to their surprise that their house was attacked by some miscreants numbering 10 to 12. One of the miscreants pointed his revolver towards the couple and demanded keys of the almirahs. One of the miscreants covered Sri Sinha with a bed sheet. Thereafter almirahs were broken open and the dacoits ransacked all the rooms of the house one alter another. For about one hour the dacoits ransacked the rooms and at last decamped with their booty consisting of house-full articles including gold ornaments, saris, tape recorders, a Philips brand radio, umbrellas and watches. The dacoits also did not forget to take away the Pistol bearing No. 157556 of Browning Belgium made belonging to Sri Sinha. After the dacoits decamped with their booty a siren which was installed on the top of that house started howling and this attracted the neighbouring people. One of them informed the local Police Station over phone. Police officers visited the house on the same night where a written complaint was dictated and signed by Sri Sinha. This complaint was later on treated as the F.I.R. and was marked as Ext. 2. In course of investigation on receipt of source information Police visited the house of the appellant. It was a hill area. It was a forlorn place known as Mallaguri. Police came over there at about mid night on 13.6.79 by a Jeep which belonged to P.W. 7 Ashutosh Roy. From within the house some of the lost articles namely a Seiko wrist watch, an umbrella, a tape recorder and a handbag belonging to Sinha family (marked as material Ext. 1 series) were recovered. The Pistol belonging to Sri Sinha was produced by the appellant Mohan Kami himself in presence of the witnesses. The accused Mohan Kami was arrested and was placed in the T.I. Parade for test identification. Whereas Mrs. Sinha P.W. 2 failed lo recognise the culprit, her husband P.W. 1 correctly recognised Mohan Kami to be one of the dacoits whom he could see standing in front of the bedroom on the night of 2nd June, 1979. It was P.W. 15 Judicial Officer Sri S.B. Mohuri who conducted that T.I. Parade.

(3.) The aforesaid prosecution case was unfolded before the learned Additional Sessions Judge by as many as 16 P.Ws. including Police Officers. The learned Additional Sessions Judge believed the testimony of the witnesses and convicted Mohan Kami for committing dacoity in the house of Sri Sinha. Being aggrieved by the aforesaid conviction and sentence the appellant Mohan Kami has come up on appeal before us.