- (1.)This appeal has been filed by Islam Molla against the judgement and order dated 29-4-1994 passed by an Additional Session Judge, 9th City Sessions Court, Calcutta convicting him and two others viz., Batul Biswas and Dulal Saha under Section 395/397 of the Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 2000/- each, in default, to suffer further rigorous imprisonment for three months.
(2.)The prosecution case is that on 3-7-1990 at about 7.20 P.M. a group of dacoits numbering six entered into the jewellery shop of Gobinda Ram Soni at 41 Shibtala Street, Police Station Burrabazar. Four of them were carrying revolvers in their hands, one had a pipe gun and the other was carrying a Nepala and after entering the shop they closed both the entrance doors from inside. Two of them showing their revolvers directed the informant P.W. 3 Om Prakash Soni not to shout or else he would be shot at. They at first took 3 sets of gold ornaments. Then they demanded key of the iron chest from P.W. 8 the father of the informant and assaulted him by the blunt side of the Nepala on his neck and was forced by the dacoits to open the lock of the iron chest. The dacoits picked away various valuable articles such as 50 silver coins, various gold ornaments, silver pots, cash 10,000/- wrist watches etc. from the iron chest, and thereafter they left the place closing the door from outside. P.W. 6 Bijoy Joshi, son of one Dr. Joshi who was in the chamber at 41, Shibtala Street and P.W. 7 Ghanashyam Soni, brother of the informant who came to their jewellery shop were detained by some of the dacoits in the dispensary located on the opposite side of the jewellery shop. Police came after receiving a telephone call and on the basis of statement of the informant started the case.
(3.)Charges were framed against accused Paresh Halder, Batul Biswas, Dulal Saha and Islam Molla under Section 395/397 of the Indian Penal Code to which they pleaded not guilty and after trial Paresh was acquitted and others were convicted on the basis of identification evidence and evidence of recovery of the ornaments.
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