KRISHNA KANTA BORDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The four appeals have been preferred by the four appellants i.e. Kashinath Das (CRA 353 of 1984), Bijoy Das (CRA 416 of 1984), Adhir Ghosh (CRA 25 of 1985) and Krishna Kanta Border (CRA 441 of 1986) against the judgment and order dated 22-09-1984 passed by the learned Additional Sessions Judge, 12th Court, Alipore in Sessions Trial Case No. 1(2) of 1984 corresponding to Sessions Case No. 20(3) of 1984 convicting thereby the appellants Kashinath Das and Krishnakanta Border under Sec. 412 IPC, Bijoy Das under Sec. 395 IPC, and Adhir Ghosh @ Tota under Sec. 395/397 Penal Code and sentencing each of them to suffer R.I. for eight years on account of their respective charges.

(2.) The prosecution case is that at about 2.00 p.m. on 26th Aug. 1983 when Smt. Gita Rani Agarwal (P.W. 10) a housewife residing in her flat in the first floor of the premises no. 5, Tilok Road, Calcutta-29 was listening to the music over transistor and her husband Harish Chandra Agarwal (P.W. 4) was away in his office of 'Dainik Biswamitra', a Hindi daily by virtue of his employment as Managing Director, there was knock on the door of her flat and as soon as she heard the voice of her maid servant Maya Mistri (P.W. 13) she opened the door to find five persons standing on the passage in front of the door. They entered into the flat along with P.W. 13. One of the miscreants was holding a revolver while others were armed with bhojali. The miscreants pushed her inside and bolted the door from within. P.W. 13 (Maya) a) was also taken inside. Immediately, the miscreants demanded money. At the point of revolver and bhojali they took her to the bed room and demanded keys of the iron safe and almirah. Telephone lines were disconnected. Meanwhile, the miscreants broke open two almirahs and ransacked the articles. As she was hesitating to open the almirah and the iron safe she was assaulted by fists and blows. Out of fear she opened one almirah and the safe and they collected ornaments and valuables. They broke open the secret chamber of the safe and took three envelopes containing cash of Rs.40,000.00. They further removed from Thakurghar three idols-one of Gopalji, one of Radha 8s Krishna in pair with one gold stick and one gold flute. They further removed from her person gold ring, two gold bangles with meena engravings. She could not shout because of threat held out against her and then they decamped. She immediately rushed to the second floor flat and informed her sister-in-law Smt. Vidyabati Agarwal who in turn informed her husband (P.W. 10's) over telephone. It appeared that besides a cash of Rs.40,000.00 and the idols, the other valuables looted by the miscreants included two bangles, gold ring with diamond set, National Panasonic Transistor Cassette Recorder, a pair of diamond ear tops, a necklace of white-gold with single row of diamonds and locket, two pieces of meena engraved gold bangles, one pair of cluster diamond ear tops on white-gold, two sets of studs of four buttons each - one set of white-gold with emerald pieces on them and the other set of gold only, a velvet pillow cover. Maya (P.W.-13) told her that before 2-00 p.m. when she had gone downstairs she noticed two persons entering into the compound of the building hurriedly. They asked her about the whereabouts of Nepali Darwan who had been absenting himself for last four days. She further noticed them talking to Bablu Naskar (P.W. 19), a servant of PW 10. PW 13 became scared at the behaviour and had bolted the main entrance of the flat near the staircase and then she heard noise of kicks on that door and did not open out of fear. The miscreants broke open the door's latches and got entry into the passage and asked her to call her.

(3.) This was the FIR lodged by P.W. 10, Gita Rani Agarwal at 14-50 hrs. on 20-08-1983 barely an hour after the incident with the O.C., Lake P.S. who registered Lake P. S. Case No. 345 dated 20-08-2983 under Sec. 395/397 Penal Code and under Sec. 25(l)(a)/27 of the Arms Act. Investigation was later taken up by the Detective Department of Lal Bazar. After completion of investigation charge sheet was submitted against the appellants and one Ajit Dey under Sec. 395/397/412 IPC.