ROBKUL SHEIKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 7.4.1984 passed by the learned Sessions Judge, Birbhum in S.T. Case No.1 of April, 1984 and Sessions Case No.141 of 1983 convicting the appellant for commission of offence punishable under Sections 395/412 of the Indian Penal Code and sentencing him to rigorous imprisonment for five years and to pay a fine of Rs.1000/-, in default, to undergo rigorous imprisonment for six months more on each ground. Both the sentences to run concurrently.

(2.) Prosecution case, as alleged, against the appellant is to the effect that a dacoity was committed by the accused person in the house of Prasanna Kumar Das, P.W.1 in the night of 5th Chaitra 1384 B.S. It is alleged that at 9.00 P.M. while the defacto complainant along with his wife Mamata Bala Dasi, P.W.2 and two sons had gone to sleep after dinner, he woke up on hearing barking of dogs and found 7/8 persons have entered his house. He was assaulted by the miscreants and his eyes were tied with clothes. The miscreants fled away with clothings, blue border white towel, gold ring weighing 5 anas, gold necklace weighing about one and half tolas and ear ring weighing about 5 anas and also took away two bell metal plates, 4/5 bell metal batis, 2 glasses, two bags of medicines, two umbrellas and a wrist watch. Next morning around 5.30 A.M., A.S.I., Narayan Chandra Chakraborty, attached to Nalhati Police Station intercepted the appellant and another person while they were returning from Mohuya village through Bolpur Rajgram Road towards Nalhati, the appellant was carrying one bag on his shoulder and another bag in his hand. He was apprehended and upon search various articles were recovered which were suspected to be stolen articles. The said articles were seized under a seizure list and the appellant was brought to the police station and such fact was diarised as General Diary Entry No.681 dated 20.3.1978. The statement of P.W.3 was treated as first information report and Murarai P.S. Case No.13 dated 20.3.1978 under Section 395 of the Indian Penal Code was registered for investigation.

(3.) In the course of investigation, P.W.1 identified the articles in the police station and in conclusion of the investigation, charge sheet was filed against the appellant under Sections 395/412 of the Indian Penal Code. Charges were framed under Sections 395/412 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried.