PALASH BAYEN @ BAPAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both the appeals arose out of a common judgement and order dated 21st December, 2011 passed by the learned Additional District & Sessions Judge, 5th Court, Howrah in Sessions Trial Case no 377/2010 arising out of Bally P.S. Case no. 240/2010 dated 27th June, 2010, convicting the appellants under Section 392/411 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 5000/- each; in default to suffer rigorous imprisonment for six months for committing offence under Section 392 of the Indian Penal Code and further sentencing them to suffer rigorous imprisonment for three years and to pay a fine of Rs. 1000/- each; in default to suffer rigorous imprisonment for two months and both the sentences were directed to run concurrently.

(2.) The prosecution case in brief is that on 27th June, 2010 at about 8.30 p.m. while Pranoy Kumar Khan returning to Calcutta from his native village by riding Hero Honda Motorcycle bearing no. WB24M/8245 reached near C.C.R. Bridge Toll Plaza on NH 2 near Maity para, three miscreants in a motorcycle intercepted him and forced him to get down from his motorcycle. Thereafter, they decamped with his Hero Honda motorcycle after snatching his black coloured Micro Max Q5 model mobile no. 9836006810 along with folio bag containing two A.T.M. cards, Pan card, Bank pass book etc. and also cash of Rs. 2,000/- with some coins. Pranoy Kumar Khan raised alarm but none came to help him. Then he went to Bally P.S. narrated the incident to the Additional I.C. and the Duty Officer came with him to the place of occurrence but could not apprehend the culprits. Then he along with the Duty Officer returned to Bally P.S. where he lodged F.I.R. I.C., Bally P.S. entrusted the case to the Additional I.C. Prasenjit Banerjee, who was the first Investigating Officer of this case. During investigation, he visited the place of occurrence, prepared the rough sketch map with index, recorded statement of the available witnesses, seized registration certificate of motorcycle, recovered folio bag with its contents and also the mobile, made seizure list and gave zimmanama. He arrested accused Barun Hazra, interrogated Surajit Roy, Palash Bayen and Rabi Dey and arranged for T.I. Parade for Barun Hazra. On transfer of Prasenjit Banerjee, Investigating Officer, the case was endorsed to SubInspector Ratneswar Das, who prayed for police custody of three accused persons namely, Surajit Roy, Rabi Dey and Prathidan Bala and interrogated them, recorded their statement, recovered motorcycle, prepared seizure list, gave zimmanama, arrested Palash Bayen and arranged for his T.I. Parade. Ultimately after observing all formalities, he submitted charge sheet being no. 419 of 2010 against all the accused persons under Section 392/395/412 of the Indian Penal Code before the learned Chief Judicial Magistrate, Howrah.

(3.) On 18th December, 2010 the learned Chief Judicial Magistrate, Howrah committed the case to the Court of the learned District & Sessions Judge, Howrah and on 23rd December, 2010 the case was transferred to the said Court for disposal in accordance with law. On 3rd February, 2011 after hearing both sides and on perusal of the record, charges were framed under Section 392/395/412 of the Indian Penal Code against the accused persons, and the contents of the charges were read over and explained to the accused persons in Bengali to which they pleaded not guilty and claimed to be tried.