GOPAL TIWARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was convicted by the learned Additional Sessions Judge, Fast Track 3rd Court, City Sessions Court, Bichar Bhavan at Calcutta under Sec. 392 of IPC in Sessions Case No. 88 of 2005 corresponding to Sessions Trial No. 1(12) of 2005 and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 1,000/ - in default to suffer rigorous imprisonment for one month.

(2.) Balaram Mahanti, the de facto complainant of the case who was a supplier of iron rod and fittings and a resident of premises No. 3 Bowbazar Orphange Lane, Kolkata -700012 was returning home at about 4 p.m. on 14th April, 2005 along the footpath of C.R. Avenue when 3/4 unknown miscreants surrounded him and asked him at the point of threat to part with his movables and being frightened he made over to them his one gold finger rings embossed 'B', one gold necklace with locket embossed 'ONG' weighing about one 'bhori,' one Titan wrist watch with sticker 'B' pasted on the back side of the watch, black coloured purse containing a cash of Rs. 5,250/ - and some documents. Then they departed by a red colour Maruti van parked on the opposite side of the footpath with all the booty. He raised hue and cry but in vain. He could be able to identify all the miscreants if he could see them again. Physical features of the miscreants with their age were also mentioned.

(3.) This was the FIR lodged with Bowbazar Police Station which registered Bowbazar PS Case No. 160 dated 14th April, 2005 at 20.20 hrs. under Sec. 392/397 of IPC and under Sec. 25(1b)(a) of the Arms Act. Upon completion of investigation chargesheet was submitted against the appellant alone under Sec. 395/397/412 of IPC being Bowbazar PS chargesheet No. 169 of 2005 dated 22nd August, 2005. The learned Trial Court framed charges against the appellant under Sec. 395/397 IPC and upon examination of prosecution witnesses recorded conviction of the appellant under Sec. 392 of the Indian Penal Code and passed sentence as above.