- (1.) This appeal arose out of judgment and order dated 8/9.1.2001 passed by the learned Additional Sessions Judge, Alipore, South 24 Paraganas in Sessions Trial No. 2(9)/96 which corresponds to Sessions Case No. 11(6)/94 in connection with Alipore P.S. Case No. 31 dated 7.2.94, convicting thereby the appellant and two other for the charges, framed against them for allegedly committing an offence punishable under Section 396 of the IPC and sentencing them to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 10000/- each in default R.I. for further term of two years.
(2.) In the background of this appeal, the prosecution case in a nutshell is that on 6.2.94 around 9.30 P.M. Sri Gour Chandra Ghosh of M/s. Ghosh & Brothers Jewelleries situated at 391, D. H. Road, Calcutta was proceeding in a car No. WB-02/4798 alongwith relatives Shyamal Ghosh and one Babulal Patwa and Satyanarayan Patwa and driver Ramesh Shaw. After closing the jewellery shop, they reached in front of 3, Raja Santosh Road, Calcutta, New Alipore. Their car was overtaken and stopped by one taxi bearing No. WMT 1368 and the accused persons alongwith other with deadly sharp cutting weapons viz. vojali, rivolver etc. surrounded the car and caused grievous injury to Babulal Patwa and Satyanarayan Patwa. They snatched away the bag from Satyanarayan Patwa, which contained some instruments for making ornaments as well as some ornaments and decamped with the said articles in the aforesaid taxi from there. Satyanarayan Patwa was admitted to S.S.K.M. Hospital where he succumbed to his injuries.
(3.) On receipt of complaint, the Police started New Alipore Police Station case No. 31 dated 7.2.94 under Section 396 IPC. After investigation, the Police has submitted charge-sheet against the accused person under Section 396 IPC. The case was committed to the court of Sessions by the learned Magistrate.;