MANORANJAN PAUL Vs. STATE OF W B

JUDGEMENT

(1.) Appellant Monoranjan Paul, along with three others including his son Dilip Paul, was arraigned her or e a learned Additional Sessions Judge, Alipore, to answer a charge under sections 395/398, Indian Penal Code. The appellant was further charged under section 412, Indian Penal Code, for having dishonestly received or retained certain properties knowing or having reason to believe that possession of the same had been transferred by commission of the dacoity.

(2.) On conclusion of the trial the learned Additional Sessions Judge, while acquitting the appellant of the charge under sections 395/398, Indian Penal Code, convicted him under section 412, Indian Penal Code and for such conviction, sentenced him to rigorous imprisonment for six years. This appeal seeks to assail the above order of conviction and sentence.

(3.) Briefly stated, the case for the prosecution was that on 19-5-81, at or about noon, five armed miscreant committed dacoity in Flat No. 21 of Premises No. 6, May Fair Road and after silencing the inmates at the point of revolver dagger etc. decamped with cash of Rs. 30,000/- and various items of gold ornaments, some of them being studded with diamonds, pearls etc, Before retreating, the miscreants snapped the telephone connection of the flat and escaped in a car after exploding a bomb.