NEPAL MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants were convicted for commission of offence punishable under Section 392 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 8 years each and pay fine of Rs.5000/- each, in default to suffer rigorous imprisonment for six month.

(2.) The appellants have already been served out the sentence in the meantime and hence appeal has taken up for hearing.

(3.) The crux of the allegations against the appellants are to the effect that on 16.11.2004 around 5.15 A.M. while PW 2 Kanak Kumar Ghosh, the de facto complainant, and his wife were in the course of their morning walk some miscreants came in a motor cycle and by showing a pistol snatched away the gold chain of Rekha Ghosh, wife of the de facto complainant. Over the incident New Alipore P.S. Case No.201 dated 16.11.2004 under Section 392/397 was registered against the unknown person for investigation. Appellants were arrested in the course of investigation and identified in the course of T.I. Parade.