PULEN BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was convicted and sentenced under Section 396 of the Indian Penal Code and directed to suffer rigorous imprisonment for 10 years and to pay fine of Rs.500/- in default to undergo simple imprisonment for one month.

(2.) Prosecution case, as alleged, against the appellant is to the effect that on 28.12.1984 in the early hours of the morning, some miscreants came into the house of the defacto complainant with deadly weapons and by show of weapons they broke open the door, entered the room, ransacked the almirah and other furniture and thereafter took away ornaments and other valuables available from that room. Before leaving one of them stabbed Tapan Saha who subsequently died. In the course of trial prosecution examined 17 witnesses.

(3.) P.W.1, P.W.4, P.W.5 and P.W.6 are the eye witnesses in the instant case. They also identified the appellant during trial and in the course of T. I. Parade. Co-accused persons had been convicted and sentenced by the trial court and the said judgement and order dated 7/8.1.2008 was upheld by a Co-ordinate Bench of this Court. The appellant had absconded and was subsequently was put on trial. He was given an opportunity to cross-examine the witnesses. However, nothing substantial has transpired from such examination.