- (1.) The appellant in this case challenges the judgment and order of the learned Additional Sessions Judge dated 16.02.2004 in a case arising out of FIR No.133/2000. The appellant was convicted for the offences punishable under Section-396/450/34, IPC.
(2.) The prosecution s allegations were that pursuant to the complaint of one Pratima Gupta, the concerned FIR was recorded in respect of the incident which occurred on 14.4.2000 at about 08:45 PM. She was working in her kitchen and her husband was in the drawing room. The door bell rang; it was attended to by her husband. The complainant then heard some noise and when she went to the drawing room, she saw that a person had pushed her husband on to the floor and was sitting on his chest, strangling his neck. There were four others. One of them pointed a knife at her throat and demanded that she should give everything or else she would be stabbed. She, therefore, removed her gold chain, five bangles, ear top and a ring and handed them over to the attackers. She also told them that she would give them anything they wanted but to spare their lives. One of the attackers asked where the valuables had been kept; they all said they had information that Rupees Five lakhs and a huge quantity of foreign currency in dollars was kept in the house. The complainant handed over all keys of the house to them and told them that the locker contained Rupees Ten thousand. One of the assailants said that they badly needed Rupees Two lakhs and that she ought to arrange it or else they would kill her. Four attackers took her to a room, made her to sit on a chair and ransacked cupboard and locker. On their way out, they tied the complainant to a chair and gagged her mouth. Later she freed herself and went to the drawing room where she saw that her husband was lying on the floor. He too had been gagged and his feet were tied. She went out of the house and alerted the neighbours who in turn called the PCR. The police reached the spot and took her husband to the hospital. It was later discovered that her husband had died. The complainant claimed that she could identify all the five attackers who spoke in Bangla as well as Hindi and were in the age groups of 18-25 years, of dark complexion and medium built. All of them were dressed in pants and shirts, one of them was known as Dalip and two of them were holding large swords like knife.
(3.) On the basis of the statement, the FIR Ex.PW-9/A was recorded. The accused, i.e., Shankar, Mohd. Israel, Pankaj Biswas, Vishwajit Dass, Vinod and Sunil were arrested and after the conclusion of the investigation, charged with committing the offences described in the earlier part of this judgment. They denied guilt and claimed trial.;