SK NAZMUL @ SATAL @ SATYA Vs. STATE

JUDGEMENT

(1.) All the three criminal appeals are taken up at a time which arose out of a same judgment and is to be decided by this common judgment. Challenging the legality and the validity of the judgment and order of conviction dated 2.9.2013 and 3.9.2013 passed by the learned Additional Sessions Judge, 1st Court, Paschim Medinipore in S.T. no. 5/November/2002, the accused appellant has preferred this appeal.

(2.) The main grounds set out in the appeal are such that the learned trial court has failed to consider the evidence of the prosecution witnesses in its proper perspectives. The learned trial court failed to appreciate the recovery of the articles and the manner of conducting T.I. Parade. The learned counsel appearing on behalf of the State has submitted that the learned trial court considered the material aspects of the matter and it does not require any interference. Therefore, the prosecution case has to have narration.

(3.) The prosecution case in a capsulated form is such that on 17.7.2012/18.7.2012 at about 1.00 A.M. a gang of people attacked their 'Math' and robbed off the gold ornaments of Gour Nitai and articles of Trimurti Jagannath Mahapatra and the utensils. They have also taken away other valuables. When they were resisted, the brother-in-law of the defacto-complainant was injured by them. They have unleashed reign of terror by showing sharp weapons and also took away cash of Rs. 44000/- from the family members of the defacto-complainant. Disclosing this incident, the defacto-complainant has set the law into motion. Pursuant to the charge sheet submitted by the I.O. accused were put on trial.