SK RAJJAK MOLLAH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These appeals have been preferred by the appellants assailing the judgment, order of conviction dated November 28, 2005 and sentence dated November 29, 2005 passed by the learned Additional Sessions Judge 4th Court, Paschim Medinipur, in Sessions Trial Case No. XXXIV/April/2005 arising out of GR Case No. 2174 of 2004 thereby convicting the appellants for the commission of the offence punishable under Section 395 read with Section 397 of the Indian Penal Code (hereinafter referred to as IPC) and for the offence punishable under Section 412 of IPC as against the accused Sk. Saifuddin, since deceased (appellant in CRA 80 of 2006 which is already abated), Sk. Rajjak Mollah (appellant in CRA 78 of 2006) and Sk. Mintu (appellant No. 1 in CRA 156 of 2006) and sentenced them to suffer imprisonment of life and to pay a fine of Rs. 7,000/- each in default to suffer further rigorous imprisonment for two years each for the offence under Section 395 read with Section 397 IPC and in addition to that accused/appellants Sk. Rajjak Mollah, Sk Saifuddin and Sk. Mintu were sentenced to suffer rigorous imprisonment for ten year each and also to pay a fine of Rs. 5,000/- each in default to suffer rigorous imprisonment for two years each for the offence under Section 412 of the IPC with a direction that sentences in respect of the above three convicts Sk. Rajjak Mollah, Sk. Saifuddin and Sk. Mintu shall run concurrently with a further direction of set off in terms of Section 328 of the Code of Criminal Procedure (hereinafter referred to as Cr. P.C.)

(2.) On December 19, 2004 at about 9.15 hrs., PW1 lodged a written complaint (Ext.1) at the Beldah P. S. to the effect that on last night at around 01.15 hrs. about 20/25 dacoits aged in between 25/26 years to 30 years armed with firearms, after breaking open the main door of the house, attacked them and looted away cash of Rs. 25,000/-(approx), five pairs of ear rings, one pair of bala, one pair of pala, four pieces of necklaces, one pair of bangles, four rings total weighing about 10/12 bhoris of gold ornaments and assaulted his brothers PW5, PW7 and their family members, destroyed the papers and documents kept in almirahs after breaking the same. They also charged bombs and left the house with the looted booty.

(3.) On the basis of the above written complaint, P.W.16 started Belda P.S. Case No. 149 dated December 19, 2004 under Sections 395/397 IPC, 25/27 Arms Act and sustains 3/4 of the Explosive Substance Act against 20/25 unknown miscreants and endorsed the case to PW 23 for investigation who then investigated the case. On his transfer the case was investigated by P.W. 24 who then on completion of investigation submitted charge sheet against the appellants.