SUSANTA SARDAR @ DUKHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 30.7.2016 passed by the learned Additional Sessions Judge, Fast Track, 2nd Court, Alipore, South 24-Paraganas in Sessions Trial No.05 (01) 05 convicting the appellant for commission of offence punishable under Sections 394/397 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- for both the offences in default to suffer simple imprisonment for five months for each of the offences with a direction that both the sentences run concurrently.

(2.) Prosecution case, as alleged, against the appellant is to the effect that on 26.9.2003 Surajit Ganguly came to his maternal uncle's house at 56 Iswar Ganguly Street, Kolkata-700 026 and on 29.9.2003 at noon while he was gossiping with his maternal aunt Rama Banerjee in a room in that house and another aunt viz., Aruna Banerjee and his mother Mollika Ganguly were sleeping, he heard ringing of the door bell; Rama Banerjee opened the door of the first floor; after some time he heard that she was calling for him and when he came out of his room and came to the door of the first floor, he found that a person was standing in the said door with a revolver pressing the mouth of Rama Banerjee and another person was standing with a chopper and the third person was standing near the staircase; the person with a chopper came towards him and demanded Rs.50,000/- and the person who was holding Rama Banerjee pushed her forcibly on the floor and assaulted her causing bleeding injury to her. Thereafter, they were taken to the room forcefully where his mother and 'Mami' were sleeping; the telephone line was disconnected and they were threatened not to raise alarm; when his mother Mollika Ganguly tried to rescue them, the person with the chopper assaulted her on the hand and left cheek causing bleeding injuries on her person; thereafter, they were forcibly locked inside the room and an aluminium box was opened and monies were stolen therefrom; the miscreants also took away one wrist watch and demanded keys of the almirahs and started ransacking the almirahs for valuable articles; thereafter they left the place after threatening the inmates that they should arrange for a sum of Rs.50,000/- within three days as they would come back to take such money; subsequently Surajit Ganguly found that a sum of Rs.8,500/- had been removed from the aluminium box; he lodged a written complaint at the local police station resulting in registration of Kalighat Police Station Case No.171 dated 29.9.2003 under Sections 394/397 of the Indian Penal Code and Sections 25/27 of the Arms Act.

(3.) In the course of investigation, the appellant and one Kesto Naskar were arrested. The appellant was put on T. I. Parade and in conclusion of investigation, charge sheet was filed against the appellant and co-accused Kesto Naskar. The case being a sessions triable one, was committed to the Court of Sessions and transferred to the learned Additional Sessions Judge, Fast Track, 2nd Court, Alipore, South 24-Paraganas for trial and disposal. Charges were framed under Sections 394/397 of the Indian Penal Code against the appellant and co-accused Kesto Naskar. They pleaded not guilty and claimed to be tried. In the course of trial Kesto Naskar absconded, while the appellant faced the trial.