NASIRUDDIN GAZI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These three appeals preferred by the three appellants separately are directed against the judgment and order of conviction passed by the learned Additional Sessions Judge, Fast Track, 3rd Court, Diamond Harbour in ST. No. 12(6)04 (SC No.17(5)04) thereby sentencing the appellants to suffer rigorous imprisonment for ten years each and to pay a fine of Rs.2,000/- each i.d. to suffer simple imprisonment for six months each for the offence under Section 412 of the Indian Penal Code (in short I.P.C.). The appellants preferred three separate appeals against the same judgment and order of conviction and we intend to dispose of all the three appeals by this common judgment and order.

(2.) Prosecution case, in short, is that the de facto complainant Sahadeb Naskar (P.W.1) on 25.2.04 at about 8 a.m. in the morning started for Burrabazar in Calcutta for purchasing items for his shop situated at Mandir Bazar and boarded a bus of route No. SD-18 bearing registration No. WB-19/1416. When the bus reached at "Dhorar More' of Usthi, four unknown persons boarded the bus and searched for someone and finally came before him. One of those persons brandished a fire arm and another person placed a dagger on his throat and those miscreants dragged him out of the bus and took away him to a nearby field crossing a wooden bridge. There the miscreants snatched from him Rs.1,01,000/- and out of the said amount Rs.65,000/- was kept in a cream coloured cotton pouch or small bag over which his name was written with green thread and the said cream cotton pouch was tied with his waist. Rs.30,000/- in three bundles of Rs.100/- denomination notes wrapped in old vest were kept inside his vest near abdomen and Rs.6,000/- more of the denomination of Rs.100/- and Rs.50/- notes wrapped in a paper and kept in a nylon bag was kept inside his bag and it was also snatched from him. His HMT wrist watch which was snatched from him had the word 'S' of his name inscribed in Bengali on the dial or case of the wrist watch and a silver ring fitted with red coral with his name Sahadeb inscribed on the ring was also snatched. P.W.1 submitted the written complaint/F.I.R. on 25.2.04 before the O.C., Mandir Bazar P.S. and finally the same was sent to Usthi P.S. and on the basis of it U.sthi P.S. Case No. 30 dated 25.2.04 under Section 392 of the I.P.C. was started against unknown miscreants. During investigation police apprehended five persons including the present three appellants and from the appellant Nasiruddin Gazi, the HMT Kohinoor wrist watch and the silver ring fitted with red stone belonging to the informant were recovered. From the appellant Ayub Ali Peada Rs.65,000/- kept in a cream coloured tabil' i.e. pouch over which there was name of informant Sahadeb written with green thread was recovered. The said Rs.65,000/- was recovered from Ayub Ali Peada on the basis of statement of Satyajit Purkait leading to recovery of the stolen money which was snatched away from the informant at the time of alleged dacoity. After completing investigation police submitted charge sheet against the accused persons under Sections 395, 397 and 412 of the I.P.C. In the trial that followed the accused persons Basanta Mistri and Jahir Jamadar were acquitted. The three appellants before us in these appeals were acquitted of the charge under Sections 395 and 397 of the I.P.C. but, they were convicted under Section 412 of the I.P.C. and were sentenced to 10 years imprisonment as indicated above and, hence these appeals.

(3.) The prosecution in order to prove its case examined in all 15 witnesses namely, P.W.1 Sahadeb Naskar (the informant-cum-victim), P.W. 2 Shyamal Purkait, P.W. 3 Basari Mohan Sardar, P.W. 4 Abdul Hai Sk., P.W. 5 Nizamuddin Sk., P.W. 6 Zakir Hossain, P.W. 7 Prabir Naskar, P.W. 8 Nikhil Mallick, P.W. 9 Biswanath Mondal, P.W. 10 Sunil Kumar Mondal, P.W. 11 Chandan Ray, P.W.12 Sisir Kumar Meyur (Judicial Magistrate), P.W.13 Bibhuti Narayan Singh (another Judicial Magistrate), Investigating Officer (in short I.O.) P.W.14 Avijit Banerjee and P.W. 15 Biswajit Banerjee (part I.O,).