KINURAM NASKAR Vs. THE STATE

JUDGEMENT

(1.) This appeal has been preferred by Kinuram Naskar from jail, he being convicted of an offence under section 395, I.P.C. and sentenced to 10 years R.I. by the learned Additional Sessions Judge, 10th Court, Alipore in Sessions Trial No. 3(II) of 1982. The gravamen of charge against Kinuram was that on 15th day of June, 1982 he committed dacoity at United Bank of India situate at Lake Road within Lake P.S. and that he did so being accompanied by five other dacoits viz, Gopal, Tapan, Swapan, Palan and Manik. Further charge against them was that they used deadly weapons while committing the dacoity. They were therefore charged under section 395/397, I.P.C. One Sk. Nijamuddin who was reported to be committing that dacoity was also charged under section 412, I.P.C. on the averments that a good number of Indian Currency Notes were later on recovered from his possession soon after the commission of the dacoity. Before the learned Additional Sessions Judge as many as 60 witnesses were examined on behalf of the prosecution. The learned Additional Sessions Judge after hearing the witnesses and considering the facts and circumstances of the case convicted Gopal, Tapan, Swapan, Kinuram, Palan and Manik under section 395/397, I.P.C. and sentenced each of them as already indicated above. Nijamuddin was convicted of the offence under section 412, I.P.C. He too was sentenced to 10 years R.I. Being aggrieved by the aforesaid conviction and sentence Tapan, Palan, Gopal and Nijamuddin filed Criminal Appeal bearing No. 140/83. The appeal was not admitted by a Division Bench of this Court. The appeal preferred by Kinuram was however admitted.

(2.) Mr. Mukti Prasanna Mukherjee, learned advocate has addressed us on behalf of Kinuram, being engaged by the State. Mr. S. Chatterjee, learned advocate has addressed us appearing on behalf of the State respondent. Before we proceed to discuss the contentions raised by Mr. Mukherjee we think we should reproduce the prosecution case in so far as it is relevant for the purpose of the present appeal.

(3.) The star witness of the prosecution is Bijan Kumar Bhattacharya (P.W. 8), the accountant of the United Bank concerned. The prosecution case may be described by quoting some portions of his deposition thus:-