MD SALIM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated 23.02.2016 passed by Additional District & Sessions Judge, Fast Track Court No. 2, Sealdah, District- South 24-Parganas thereby convicting the accused person/appellant herein under Sections 392/397/411 of the Indian Penal Code, 1860 in connection with Sessions Trial No. 03(9) of 2011 arising out of Sinthi Police Station Case No. 03 dated January 17, 2008 under Section 392 of the Indian Penal Code, 1860 and sentencing the accused/appellant to suffer rigorous imprisonment for five years and to pay a fine of Rs. 1000/- in default to simple imprisonment for two months for the offence punishable under Section 392 IPC. , R.I for seven years and to pay fine of Rs.1000/- in default S.I. for two months for the offence punishable under Section 397 IPC and further sentenced to RI for three years and to pay a fine of Rs. 1000/- in default to SI for two months for the offence punishable under Section 411 of the Indian Penal Code, 1860.

(2.) The brief facts leading to the instant appeal is that one Rakh Pal Singh Mehra @ Rikky of 113/1 Baruipara Lane, P.S.- Baranagar, Kolkata-35 on 17.01.2008 at 8.30 a.m. along-with Sukumar Sharma and driver Abhijit Mandal boarded a hired vehicle being No. WB 23A-3200 and they visited Noapara, Koikhali, Hatghora and last day at Raghunathpur for delivery of the goods of their company and collected about a sum of Rs.25,410/-. From Raghunathpur about 6.15 hrs. they started for their office in the said vehicle. The complainant was sitting in the seat on the left side of the driver and Sukumar Sharma was sitting in the rear side of the said vehicle. The vehicle was being driven through the Jessore Road and while it reached near Dum Dum Road and crossing of Seven Tank Lane (50 Ft. Road), the driver of the vehicle turned the direction and proceeded towards Seven Tank Lane (50 Ft. Road) and approaching the place in slow speed. At that point of time, a person boarded on the said vehicle on rear seat and another person forcibly opened the door of the driver's cabin and took seat beside the complainant when the complainant raised protest but the driver did not raise any objection and proceeded with the vehicle as per instructions of the said person. After crossing certain distance, the driver entered into Seven Tank Lane and after crossing certain distance, the said unknown person took out one nepala from a polythene bag kept inside a shawl and held out threat on the complaint by pressing the said Nepala in his abdomen and asked him to give the money whatever he had with him. The driver did not raise any protest and the complainant in order to save his life handed over the entire money to the said accused. When the said vehicle reached the Seven Tank Lane, the complainant and Sukumar raised hue and cry. Hearing hue and cry, some people came in the surrounding near the said vehicle and taking chance the unknown person sitting in the rear seat fled away and the unknown person sitting in the driver's cabin tried to flee away but the complainant caught hold the person and raised hue and cry. At that time a police van reached there and the accused was apprehended. Prosecution further case is that a sum of Rs. 19,710/- was recovered from the said accused but the rest amount which was scattered during recovery of the money, could not recovered. On being asked, the apprehended accused disclosed his name as Md. Salim and that of his companion as Sohrab Alam.

(3.) On the basis of recorded statement of Rakh Pal Singh Mehra @ Rikky, Sinthi P.S. Case No. 03 dated January 17, 2008 under Section 392 of the IPC was started and Charge-sheet No. 4/10 dated 08.01.2010 under Section 392 IPC with added Section 397 IPC was submitted by the I.O after completion of investigation. The case was committed to the Court of Sessions and the learned Sessions Judge having taken cognizance under Section 193 Cr.P.C, transferred the same for trial and disposal to the Court of Additional District & Sessions Judge, FTC-II, Sealdah, District- South 24 Parganas hereinafter referred to as the trial Court.