MOHAN GHOSH AND ORS. Vs. STATE

JUDGEMENT

(1.) The appellants Mohon Ghosh, Satyanarayan Shaw and Kashi Nath Adhikary preferred this appeal being aggrieved by a conviction together with three other accused under section 399 and 402 of the Indian Penal Code, to suffer rigorous imprisonment for seven years and six years respectively. Similarly, Ajit Das, @ Bablu and Answar Ali preferred an appeal being aggrieved by a conviction under sections 399 and 402 of the Indian Penal Code to undergo rigorous imprisonment for seven years and the conviction of the appellant Ajit Das under section 25 (1)(a) of the Arms Act to undergo rigorous imprisonment for three years.

(2.) The case against the appellants was that pursuant to a complaint made by the Sub-Inspector Ashok Kumar Bhowmick of Haripal Police Station on the ground that on 11th of Feb., 1975 on receiving a source information the police party consisting of number of police personnel went to Basudebpur More. The Circle Inspector of Tarakeswar who also came there on night round accompanied the raiding party. On reaching an abundant hut which is used as a Pachai shop (country liquor shop) they found a lamp was burning and some persons inside the hut. The police personnel surrounded the hut. As soon as the complainant Ashok Kumar Bhowmick flashed his torch, the persons who assembled there also focussed their torches. One of the miscreants announced that the police has come. As a result one of the miscreants hurled a cracker which exploded on the ground, as a result nobody sustained any injury. Thereafter the police personnel pounced upon the inmates and arrest Lambusi, having a loaded pipe gun with live cartidges in his pocket. Ajit Lal Das when arrested had two live 12 bore cartidges in his side pocket and one big knife with brass made handle. Answar Ali had a big dagger, Mohon Ghosh, Satyanarayan Shaw, and Kashi Nath Adhikari were also arrested. Some other persons fled away from the place who could not be apprehended. The seizure list was prepared in the presence of the witnesses who accompanied the police personnel in respect of the pipe gun, with live cartidges, wearing apparels one bicycle chain, daggers, knife together with whistle found inside the pocket of the shirt which was worn by Lambusi. Some materials for the purpose of preparation of bombs had also been recovered. The seizure also included a bunch having seventy keys in number, two hasuas, empty liquor bottles, one kerosene lamp were also seized. The learned Trial Judge framed a charge against Lambusi and Ajit Lal Das under sections 25(1)(a) and section 27 of the Arms Act for having in their possession firearms to wit pipe gun cartidges etc. without any licence for the unlawful purpose of using them. Apart from that a charge was framed against Lambusi, Answar ; Ali, Ajit Das, Mohon Ghosh, Kashi Nath Shaw and Satyanarayan Shaw under section 399 as also section 402 of the Indian Penal Code. Ashok Kumar Bhoumick narrated the incident in his evidence as to under what circumstances pursuant to source information he together with the force at about 11-30 p.m. went to Basudebpur More where he met the Circle Inspector of Tarakeswar Circle. He called Gour Mohan Pal, Panchanan Sadhukhan and Surendra Nath Das, members of the public to accompany the police personnel for the purpose of raiding a pachaishop where certain dacoits had assembled which Was situated on a field to the south of the road. As soon as the electric torch was focussed, a bomb was hurled which bursted with a loud report. After surrounding the shop room the police personnel could apprehend seven persons with arms and ammunition's. Others made good with their escape. PW 1 identified all the six persons from whose possessions loaded pipe gun, live cartidges, police whistles, gold ring a big dagger two live K. F. special cartdiges of 12 bors, wrist watch, one sickle and a cycle chain was recovered from another person named Chandi Ghosh, who did not face the trial. The double edged dagger was also recovered. Apart from that a brief case together with a bunch of keys was seized by the police. One electric torch, some materials like newspapers, jute strings, stone chips, mixture of explosives for the purpose of preparation of bombs was also seized, apart from the empty bottles of liquor cigarettes and match box. The accused Satyanarayan Shaw', Kashi Nath and Mohan were admitted to be local men.

(3.) The defence suggestion was that as P.W. 1 used to make purchase of vegetables from the shop of Satyanarayan Shaw and because of dispute over such purchase he has been falsely implicated in this case. He admitted that Satyanarayan was detained under MISA. Further in cross-examination it was suggested that there were shops, hotels, dharmasalas etc. on both sides of the road at the Basudebpur crossing, towards Baidyabati on the left side where the shops of Basudeb Sadhukhan and Panchanan Sadhukhan. Men sleep inside those shops during the night. There is also a garage of Gopal Kokey and Rahaman. There is also a hotel of Biswanath Chowdhury and at a little distance there is a cold storage. It was suggested that on the roadside towards Baidyabati there is a sweat meat shop and a tea shop and that hotel of Shew Mangal Chowdury. He admitted that towards Tarakeswar Side there is a goomty or pan shop. The abandoned hut was about 300 cubic from the crossing. P. W. 1 with the force reached the spot at about 1-30 p.m. which was 3/4 K.M. away from Haripal Police Station. He admitted that there are houses at the crossing. He admitted in his cross-examination that although there was a loud report of the bursting of the bomb none else came to the place of occurrence.