JYOTIRMOY CHATTERJEE Vs. STATE

JUDGEMENT

(1.) Mr Bose, learned Assistant Public Prosecutor is present. Since the sole appellant, Jyotirmoy Chatterjee, is not represented and Mr Anand Farmania, learned advocate of this court, voluntarily expressed to assist the court as amicus curiae to defend the appellant and since this court has no doubt about reasonable competence of Mr Farmania in conducting the criminal case, taking note of the instant appeal being the year of 1987 under section 374 Code of Criminal Procedure Mr Farmania is appointed as amicus curiae to lend assistance to this court for disposal of such one of the oldest appeals. Mr Farmania for the purpose has been given access to the record for his preparation.

(2.) Since Mr Farmania assisted this court to defend the appellant as an amicus curiae appointed by this court, he is at liberty to submit appropriate application before the appropriate authority of the State of West Bengal attaching server copy of this order for raising bill as admissible to him for lending assistance to this court in defending the appellant for disposal of one of the oldest criminal appeals.

(3.) Mr Bose appearing for the State submitted that the charge against the appellant was for the offence punishable under section 409 IPC when the appellant was an extra departmental postmaster of Bandipur Branch post office under Haripal PS in Hooghly. According to Mr Bose, the trial court by examining as many as fourteen prosecution witnesses held that the charge has been proved; and, therefore, the conviction order, though it was recorded very leniently, need not be interfered with by this court.