SAMBHU MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgement and order dated 29.5.2010 convicting the appellant for commission of offence punishable under Sections 392 /120B of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for six months more.

(2.) The prosecution case, as alleged against the appellant and co-accused Promod Sharma, is to the effect that 3-4 persons with deadly weapons committed robbery to the tune of Rs.2 lacs from the shop of M/s. Laxmi Hardware Stores at 78, Netaji Subash Road, Calcutta - 700 007. On the written complain of Sandeep Pramanick (P.W.3) first information report was registered against unknown accused persons.

(3.) In the course of investigation, the appellant and co-accused were arrested and were identified in T.I. parade by the witnesses. The appellant made confession before the Magistrate and charge sheet was filed under Section 395 /397/120B of the Indian Penal Code. Charges were framed under the aforesaid sections against the accused persons. They pleaded not guilty and claimed to be tried.