Decided on July 07,1983

Barka Rajwar Appellant
STATE Respondents


B.C.CHAKRABARTI, J. - (1.) THIS re -visional application is directed against an appellate order affirming an order of conviction of the petitioners on a charge under Section 395 of the Indian Penal Code and sentencing them to suffer R. I. for six years.
(2.) ON the information given by the informant P. W. 1 Ranjit Kumar Chatterjee that a dacoity was committed in his quarters on 29 -12 -1978 at night a case being Purulia P. S. Case No. 16 of the same date was started. The informant Ranjit Kumar Chatterjee is the head -master of a school at Hutumura within Purulia P. S. He was allotted, a quarter for his residence adjacent to the school. At the time of the occurrence some relatives of the informant having come to visit the place with a view to stay with him the informant slept in a room of the school with his wife while the visitors were sleeping in the quarter. At about midnight he woke up on hearing an alarm raised by the inmates and came out of his room with a torchlight to the verandah of his quarters. There he found a number of miscreants. of whom he recognised the 4 petitioners whom he knew from before by name as also by face. He found that various articles from inside the house were looted. A bleeding injury was sustained by one of the in mates, viz., Rupa Mukherjee. The informant thereupon in the company of P. W. 8, the night guard of the school, came to the local post office to send information to Purulia P. S. about the incident. The officer on duty at the Purulia P. S. on receipt of the telephonic message recorded an entry in the general diary book and proceeded to the spot. Thereafter on completion of investigation the police submitted charge -sheet against the petitioners who were eventually committed to the Court of Session for trial. At the trial 10 witnesses were examined for the prosecution. The defence did not adduce any evidence. The defence pleaded that they have been falsely implicated out of political rivalry.
(3.) THE learned Assistant Sessions Judge found upon the evidence that there was in fact a dacoity committed in the quarters of P. W. 1 on the night of 29 -12 -1978. He also found relying upon the testimony of P. W. 1 principally that the petitioners participated in the act of dacoity. The allegation of false implication out of the political rivalry was disbelieved and there was no evidence adduced that the petitioners did in fact belong to any political party. Relying on the testimony of P. W. 1 the learned Assistant Sessions Judge found the petitioners guilty under Section 395 I.P.C. and sentenced them to suffer R. I. for six years.;

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