HALADHAR NANDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30th of May, 1987 passed by the learned Additional Sessions Judge, 1st Court, Midnapore in Sessions Trial Case No. V of July 1984 convicting the four appellants, namely Haladhar Nandi, Sukumar Laha, Astam Hembram and Bistu Duley under Section 395 of the IPC and sentencing each of them to suffer R.I for 4 years on the said charge.

(2.) P.W. 3, Kalipada Pal lodged an ejahar at 08-20 hrs. on 23rd of March, 1982 alleging the following incident:

(3.) Thereafter they looted one water pot made up of brass, one bell- metalled utensil called 'kansa' and four pairs of gold ear rings from the room of his brother Haripada Pal (P.W. 9). Amidst the happening of the incident the complainant and the members of his family could be able to apprehend one of the dacoits, namely Haladhar Nandi and he was made over to the police when police came to the spot in the morning of 23rd of July, 1983, while the other members of the gang managed to escape.