SATCHIDANANDA HALDAR Vs. STATE

JUDGEMENT

(1.) Six persons were convicted by Shri R.K. Chakravartti Thakur, Magistrate, First Class, Diamond Harbour, some of them on charges under Section 379 of the Indian Penal Code and some under Section 411 of the Indian Penal Code. Their conviction was also upheld on appeal by Shrl A.K. Sengupta, Additional Sessions Judge, 24-Parganag.

(2.) The prosecution case out of which the trial arose was that on the 27th September, 1954 Ralendra Nath Haldar was entrusted with Rs. 4,807/- by his master Narayan Chandra Baidya for purchase of paddy in Sundarban area. On the following day i.e. on the 28th of September, 1954 Rajendra started in a boat of Bhabasindhu Majhi. At Sundarban no paddy could be purchased as the price was very high then. Rajendra was, therefore, coming back with the boatman Bhabasindhu Majhi and on the way halted at Kakdwip. There Rajendra and Bhabasindhu took a bus for Diamond Harbour but got down at Ratneswarpur as it was then 9 p.m. Rajendra had Rs. 4,7457- in a cloth bag tied round his waist. At Ratneswarpur both of them took tea in a tea shop and it was here that they met Satchidananda Jyotish and Satish. These persons requested Rajendra and Bhabasindhu to go to their house for the night. This request was not acceded to. Thereafter Rajendra and Bhabasindhu started for Bahadurpur, the village of Rajendra, which was not very far off. On the way, however, they changed their mind, came under a palm tree where they along with Satchidananda, Satish and Jyotish began to drink wine, in which Girish, the brother of Rajendra and another person Santosh Purkait also joined. After drinking for a while, Rajendra, Bhabasindhu and Girish started for Bahadurpur. On the way Jyotish suddenly beat Bhabasindhu with a lathi and Bhabasindhu being thus hit, ran away. Rajendra and Girish, however, fell down on the ground due to their being intoxicated at the time. Thereupon, Satchidananda, Satish and Jyotish pressed Rajendra on the ground, assaulted him and took away his bag containing Rs. 4,745/-. This money consisted of 3 hundred ten-rupee notes, 17 hundred-rupee notes, 8 five-rupee notes and five one rupee notes. Girish raised a hue and cry which attracted Sudhanya, the captain of the village party, Durga Charan and other people of the village. Bhabasindhu, however, in the meantime, returned with the men of the village to whom Rajendra narrated the incident. On the following morning Rajendra with Sudhanya and one Sarat Halder went to the house of Satish and Jyotish and demanded the money they had taken away but they did not pay any heed to this demand. A few days afterwards, Sudhanya found Ramananda, the petitioner No. 4 in this case going towards the tea shop of Jyotish when Sudhanya confronted him and asked him for the money. Ramananda, however, did not give him any answer but subsequently showed him Rs. 120/- which he had on his waist and told him that his mother had given him this money. Upon this, Sudhanya took Ramananda to the latter's house where Natubala Dassi, the mother of Ramananda, produced Rs. 120/- from under the bed. Petitioner Bhagabati Dassi, also produced Rs. 120/- from her person, petitioner Ramananda Halder. further, produced from a small box a sum of Rs. 90/- and Rs. 120/- from the arkat or the house. One Jiten Halder also surrendered Rs. 20/- having been received by him from Natubala. The police was informed and when they came to the village, Satish and at the instance of Satish one Santosh Halder produced Rs. 660/-from the thatch of the cow-shed of Satish. The straw of the thatch of the hut was searched and a bundle containing Rs. 600/- was also received. Thus the total sum of Rs. 1,910/- was recovered.

(3.) The prosecution case was that this forms part of the money stolen from Rajendra. Satchidananda, Satish and Jyotish were each convicted under Section 379 of the Indian Penal Code. Their application in Revision to this Court was however dismissed.