RAVI MAGOR Vs. STATE

JUDGEMENT

(1.) This appeal by accused appellant Ravi Magor (alias-Rabi Bahadur, alias Rabi Bahadur Magor) is directed against the judgment and order of conviction and sentence dt. 13-10-93 passed by the ld. Addl. Sessions Judge, 14th Court, Alipore, South 24 pgs., in Sessions Trial Nos. 5(7) of 1992, convicting the appellant for an offence u/Sec.392/397 I.P.C. and sentencing him to suffer R. I. for eight years and to pay a fine of Rs. 2,000/- i.d., to suffer R. I. for a further period of 4 months and also convicting him for an offence u/s. 25 (1)(a) of the Arms Act and sentencing him to suffer R. I. for two years and to pay a fine of Rs. 1,000/- i.d., to suffer R. I. for a further period of 2 months, both the substantive sentences of imprisonment to run concurrently.

(2.) In the Trial Court, the present appellant and two others were charged for an offence U/s. 392 read with Sec. 397 of the IPC. An additional charge for an offence u/s. 25 (1)(a) read with Sec. 27 of the Arms Act was framed against the present appellant. The accused-persons pleaded not guilty to the charge and claimed to be tried. All the accused persons were found guilty of the offence U/S. 392/397 IPC., and the accused-appellant was further found guilty of the offence u/S. 25 (1)(a) read with Sec. 27 of the Arms Act. They were sentenced to suffer substantive imprisonment and to pay fine as stated above. Of them, only Ravi Magor-alias Rabi Roy Bahadur has preferred this appeal.

(3.) The prosecution case, in short, is that on 304-91, at about mid-day, the accused-persons of the case, rang the door-bell of the first floor flat of the defacto-complainant at 7, Sarat Chatterjee Avenue, Calcutta, and when the maid-servant (PW-4) opened the door, they managed to enter the Flat and tied the hands and feet of the two inmates (the de facto-complainant and the maidservant) gagged the mouth of the maid, snatched away the gold-ornament from their body, opened the almirahs with the bunch of keys forcibly, took and looted cash amounting to Rs. 25,000/-, a large number of gold and silver ornaments, some studded with diamonds, wrist-watches, T.V., V.C.R. etc. worth about 6 lakhs and put the Articles in suitcases and gunny-bags and decamped with the booty. They were armed with deadly weapons like Pistol, Kataries etc. at the time of committing the offence. The husband of the de facto-complainant was at Madras at that time and her son was not in the flat then.