KARUNA KRISHNA BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application has been preferred for setting aside the judgement and order dated 30-7-93 passed by the Metropolitan Magistrate, 6th Court, Calcutta, I in G. R. Case No. 3 of 1981 (T. R. Case No. 212 of 1981) convicting the accused petitioner and sentencing him to imprisonment for one month on each count.

(2.) The case of the petitioner is that he is a Constable attached to Calcutta Police. It has been alleged that there was an F.I.R. against him and another Sakti Kumar Goswami to the effect that on 13-12-80 they accosted Ananta Kumar Singh, an employee of Arjun Soni of M/s. Abiskar Electronics of Mahatma Gandhi Road, Calcutta at Ezra Street while he was going with 11 (eleven) pieces of H.M.T. Wrist Watches and 10 (ten) pieces of H.M.V. Record Players posing themselves as Officers of Detective Department, Calcutta and was made to Board a Taxi being W.B.T. 1886 on Brabourne Road, assuring that they were going to the Police Station. They were reportedly taken to Birla Planatorium where the petitioners and his companion is reported to have a sum of Rs. 1,000/- from Ananta Kumar Singh for releasing Wrist Watches and Records. It has also been averred in the F.I.R. that as he has no money with him, he was asked to bring the same from his employer in order to get back the articles. Ananta Kumar Singh then contacted his employer and both of them came near Birla Planatorium but they did not find the accused persons there. On 3-1-81 the petitioner and his companion are reported to have been caught by Ananta Kr. Singh, Arjun Singh and Mahendra Rakhi while they were passing along Chitpur Road near Nakhoda Masjid. The petitioner and his companion were brought to Hare Street Police Station and from there they were taken to Hastings Police Station on the point of jurisdiction. It has also been alleged that on a search of the petitioner's house four H.M.T. Wrist Watches and five Record Players were recovered. One Wrist Watch was recovered from the other accused, two Wrist Watches were recovered from one Bhola Samanto and another from Radha Charan Chatterjee. The accused persons were put under arrest. During trial 14 witnesses were examined on behalf of the prosecution and the Ld. Magistrate found the accused persons including the petitioner guilty under Section 170/411/392 by 34, I.P.C. and they were sentenced in the manner as stated earlier.

(3.) The case of the petitioner is that there were no element of the offences under the Sections for which they have been charged and found guilty, that then the proceeding continued for more than 12 years, that important witnesses were not examined and that the conclusion drawn by the Ld. Magistrate is not supported by the evidence on record.