MD KURBAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Perused the records.

(2.) The appeal was preferred on behalf of the appellant from jail. It appears that the other co-convicts have not preferred any appeal against the selfsame judgement and order of conviction and sentence. From the records it also transpires that the appellant has already served out the substantive sentence imposed upon him. Under such circumstances, I am inclined to dispose of the appeal today.

(3.) The prosecution case against the appellant and other accused persons is to the effect that on 8th November, 2004 at around 9:45 P.M. they had entered the house of one Dola Roy (PW1) under the ruse of demanding subscriptions and when her brother-in-law, Aloke Roy (PW8) opened the door, they entered into her room forcibly, took the key of the almirah, opened the almirah and looted away various gold ornaments from the almirah. Over the incident, Chinsurah Police Station Case No. 261/04 dated 8th November, 2004 under Section 392 of the Indian Penal Code was registered. Subsequently, charge-sheet was filed under Sections 395/412 of the Indian Penal Code. The case was committed to the Court of Sessions for trial and disposal. Charges were framed under Sections 395/412 IPC against the appellant and four other accused persons. The appellant and other accused persons pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 12 witnesses and exhibited a number of documents. In conclusion of trial, the trial Judge by the impugned judgement and order dated 18th/19th August, 2005 convicted the appellant and one Bhola Das @ Kancha for commission of offence punishable under Section 392 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for ten years each and to pay fine of Rs.2,000/- each, in default, to suffer rigorous imprisonment for six months more. Other accused persons namely, Babulal Das and Pintu Bacher were convicted under Section 411 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years each and to pay fine of Rs.1,000/- each, in default, to suffer rigorous imprisonment for three months more respectively. Co-accused Pranab Das @ Raju was however, acquitted of the charges levelled against him.