SAMBHU RAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was convicted for commission of offence punishable under Section 395/397 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for eight years and to pay a fine of Rs.2,000/-,in default to suffer imprisonment for two months more.

(2.) It is alleged that a dacoity was committed in the shop of one Pradip Kumar Dutta (P.W.3) on 10.11.97 at around 8:25 PM and the miscreants by brandishing a revolver had taken away cash to the tune of Rs.1,18,727/-, various electronic articles and gold ornaments from the shop. In course of investigation, some of the stolen articles were recovered. The appellant and other accused persons were identified in course of test identification parade.

(3.) From the evidence on record, it appears that the appellant had been identified in course of test identification parade as well as in court. Stolen articles have also been recovered from the accused persons and evidence of prosecution witnesses are reliable and remained unshaken in cross-examination.