PROVASH KUMAR BOSE Vs. KING

JUDGEMENT

(1.) These two appeals are by two persons, Provash Kumar Bose & Azizur Rahman who were tried together by a Presidency Mag. of Calcutta. Provash Kumar Bose was convicted under Section 384, I. P. Code & Azizur Rahman under Sections 384-199, I. P. C. Both were sentenced to undergo rigorous imprisonment for six months & to pay a fine of Rs. 201 in default to undergo rigorous imprisonment for another three months.

(2.) The prosecution case was that in the early hours of the morning of 21-12-1947 these two accused came to the bakery belonging to Daud Rahman at No. 9, Nawab Abdul Latif Street & when the door was opened, entered the bakery saying that they were men from the Civil Supplies Dept. Azizur Rahman, it is said, weighed one loaf of bread & said that it was under-weight & when, on his demand, Daud Rahman was called, the applt. Azizur Rahman told Daud Rahman that he would have to go to the thana as the loaves of bread in his bakery were under-weight & it is said that the applt. Provash caught hold of his hand & threatened him with a revolver while Azizur Rahman whispered something to Daud Rahman's son Gani who was also there. Thereafter Gani opened the box & brought out Rs. 250 in notes. Azizur took the money away. Both the accused, it is said, then left these premises & went to Md. Yakub's confectionary which was almost next door. There it is said, Provash told Yakub that there was a complaint against him & that he would have to go to the thana, but that if he paid some money he would not have to go. On this Yakub paid Rs. 100 & the two left.

(3.) Information was lodged at the thana at about 3-30 P. m. on that day. Provash it appears, was arrested on December 23, at about 11-30 A. M. while Azizur was arrested on the following day at about 4-45 p. M. There was a test identification parade on 23-12-1947 in which two witnesses, Md. Yakub & Daud Rahman were brought to identify the suspect. Azizur Rahman was not placed on any test identification parade. It appears that after he was produced before a Mag. on December 24 he made a statement which was recorded by the Mag. as a confession.