UMA KANT PRASAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THREE criminal appeals bearing No. CRA 430 of 2005 preferred by Uma Kant Prasad, CRA 186 of 2006 preferred by Sanjoy Mali and CRA 233 of 2007 preferred by Audesh Gupta are being disposed of by this common judgment and order as they arise out of judgment and order dated 30th of March, 2005, passed by the learned Additional Sessions Judge, Fast Track Court No. 9 at Bichar Bhawan at Calcutta in Sessions Case No. 51 of 2004 read with Sessions Case No. 78 of 2004 corresponding to Sessions Trial No. 2 (6) of 2004 whereby the learned-Judge convicted the three appellants under Section 392 read with Section 397,1. P. C. and sentenced each of them to suffer R. I. of 7 years and to pay a fine of Rs. 1,000/- in default to undergo S. I. for 3 months under Section 397,1. P. C.

(2.) P. W. 3, Smt. Gita Chaudhury, an employee of M/s. S. D. Nahata and Company situated in a room in the second floor of 196, Old China Bazar Street, Kolkata lodged an FIR at 15-15 hours on 16th of October, 2003 with the Hare Street Police Station alleging the following incident:-At about 02-30 p. m. on 16th October, 2003 four young persons entered into her office and closed the door from inside. Three of them entered into the chamber of P. W. 5 Kailash Chaudhury, Accounts Officer and one of them stood near the closed door. They held out threat by pointing fire arms against P. W. 5 and demanded cash. Two of them snatched some 100 rupee notes from left side pocket of his shirt and two finger rings from his right hand. Then they snatched away gold neck-chain and wrist-watch from the possession of P. W. 14 Bajrang Bohora, and then the miscreants neared her and she had to part with her gold ornaments, wrist-watch, neck-chain weighing about 08 gms. , mobile phone and then they departed with the booty.

(3.) THE Hare Street Police Station registered a case being Hare Street Police Station Case No. 606 dated 16th October, 2003 against some unknown miscreants under Section 392/397, I. P. C. and under Section 25 (1b) (a) and' Section 27 of the Arms Act. Upon completion of investigation charge sheet was submitted against the three accused persons i. e. Sanjoy Mali, Uma Kant Prasad and Audesh Gupta under Section 392 read with Section 397, I. P. C.