GOPAL PRADHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has been convicted for commission of offence punishable under Section 395 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for eight years and to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for six months more.

(2.) It appears that the appellant has already served out the substantive sentence imposed upon him. Perusal of the evidence on record shows that the appellant was one of the dacoits who had committed dacoity in front of The Statesman House on C.R. Avenue on 17.8.2003 and had taken away a leather bag containing cash to the tune of Rs.58,000/- from the defacto complainant, Jaynath Prasad Srivastav by show of firearms and deadly weapons.

(3.) In the course of investigation, the appellant and other accused persons were identified in T. I. Parade. The appellant was also identified by the defacto complainant (P.W.1), Joynath Prasad Srivastav and another witness Ranjit Mondal (P.W.2) during trial. It has been pleaded that there are some discrepancies in the versions of the witnesses recorded during T. I. Parade with regard to the role played by the appellant in the dacoity. However, the evidence on record taken as a whole leaves no doubt that the appellant was one of the dacoits and had participated in the dacoity. Incriminating articles had also been recovered from his possession.