- (1.) This appeal is directed against the judgement and order of acquittal passed by the learned Additional Sessions Judge Purulia in Sessions Trial No. 24 of 1989 whereby the sole respondent hereinabove was acquitted of the charge in respect of 395, I.P.C.
(2.) The aforementioned order of acquittal dated 25/7/1989 is under challenge at the instance of the State of West Bengal mainly on the ground that the learned trial Court failed to appreciate the general tenor of evidence adduced by eye-witnesses including PW1 Panchanan Mondal, Khalasi of the goods van, who proved the decoity on the van and also identified the accused respondent in T.I. Parade held before the learned Magistrate P.W. 16 as the person who snatched his belongings i.e. the full shirt and the torch bearing proper identification mark. Furthermore, the learned Court below also failed to take into consideration the other relevant corroborative evidence, materials and circumstances on record coupled with extra judicial confession of the accused before the PWs pointing unerringly to the inference of guilt against the accused beyond all reasonable doubts. THE impugned judgement and order of acquittal has thus occasioned a failure of justice. The relevant facts leading to filing of this appeal by the Government may be capsulised as under:- An FIR was lodged by one Anwar Mondal, a security guard in the armed constabulary of Government of West Bengal attached to the Escort party of the then Minister Sri Ambarish Mukherjee on the allegation that on 28.02.1984 while a Van No. 2223 carrying Panchanan Mondal, Khalasi (PW 1) was approaching towards Samukgaria on its way to Hura from Bishnupur after releasing its goods, was made to stop due to road blockade by boulders while several persons including the present respondent emerging out of the jungle pounced upon the vehicle and robbed the said Khalasi of his full shirt with a tailoring mark (LY) and torch light with identification mark 'repairing' etc. The driver of the vehicle was also robbed of general currency notes of sum of Rs. 152/- only which was paid by the consignee of the goods to the driver to make over the same for payment to the owner. At that material point of time the car carrying the minister with his pilot van reached the spot and found the road blockade. The escort fired on the air from his service revolver, untied the Khalasi (PW1) and the driver who narrated the aforementioned occurrence to the informant. On the basis of the said FIR, Hura PS. Case No. 7 dated 28/2/1984 under Section 395 was registered for investigation and immediately thereafter the then Officer-in-charge, Hura PS who took up the investigation himself rushed to the place of occurrence and tracked down two miscreants including this respondent in a pre-dawn swoop (i.e. on 29/2/1984). The respondent was detained with the possession of a stolen full shirt and a torch light which was being carried in a side bag while co-accused Taher Ali since deceased was intercepted with the possession of the general currency notes of Rs. 152.00.
(3.) On completion of investigation the charge-sheet under section 395, I.P.C. was submitted against the respondent. The relevant G.R. Case No. 346 of 1984 was subsequently committed to the Court of sessions by the then learned SDJM Purulia on 09.12.1985. Accused respondent Manowar Ali was charged under section 395, I.P.C. and accordingly on his pleading not guilty to the charge, he was put on trial. During trial, the prosecution examined as many as 17 witnesses and also relied upon several exhibits (Ext 1, 2 series, 3 series, 4 series and 5) in support of its case while the case of the defence was that of innocence denial and false implication. The defence has, however, sought to rely upon Exhibits A and B. On conclusion of trial an order of acquittal was recorded by the learned trial Judge after consideration of the entire evidence and circumstances on record both oral and documentary.;