P.S. Datta, J. - (1.) In Sessions Case No. 47 of 2000 (Sessions Trial No. 2 of August 2000), the learned Sessions Judge of the 8th Bench of the City Sessions Court, at Calcutta by judgment and order dated 2709 -2002 convicted the appellants, Sahid Ali and Jhangir Hossain under Sec. 395 of the Indian Penal Code, another accused Ramesh Singh @ Loton Singh and the appellant Parameswarlal Soni under Sec. 412 of the Indian Penal Code and sentenced Sahid Ali and Jahangir Hossain to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 5000/ - in default to suffer rigorous imprisonment for one year each on account of the charge under Sec. 395 of I.P.C. and sentenced Parameswarlal Soni and Ramesh Singh @ Loton Singh to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 5000/ - in default to suffer R.I. for one year each on account of the charge under Sec. 412 of the I.P.C. It is this judgment and order of conviction and sentence passed against the aforesaid four persons, of whom Remesh Singh @ Loton Singh is not the appellant herein, that three appellants as above have assailed this judgment in this appeal on varieties of grounds.
(2.) One Ranjan Ojha, an employee of Dinesh Kabra was directed by his employer to collect Rs. 1 lac from his brother Naresh Kabra of 14/2 Old China Bazar and Rs. 4 lakhs from one Suresh Saraf of 6, Lyons Range. Thus, Ranjan setout at 4 p.m. on 7.03.2000 to collect the monies from the two aforesaid persons and after collecting the same he was about to proceed to 22, Nanilal Street, the seat of the employer and when he came near the crossing of Braborne Road and Sukhias Lane the appellants along with one Tony Anthony, since deceased, intercepted Ranjan identifying themselves as officers of the Customs Department and forcibly got him into a stationary taxi and fled away from the place of occurrence and after snatching away his bag containing a cash of Rs. 5 lakhs forced Ranjan out of the taxi at Topsia Road (South) at about 5.00 p.m. The miscreants had with them mobile phones. Being robbed of the money on being assaulted, Ranjan came to Topsia Police Station and lodged a FIR against the miscreants. Upon completion of investigation charge sheet was submitted under Sec. 170/395 of the I.P.C. and the learned Judge framed charges under those Ss. of the law and upon conclusion of trial convicted two appellants under Sec. 395 of the I.P.C. and two others under Sec. 412 of the I.P.C. and passed sentence as above. The learned Judge did not find that charge under Sec. 170 of the I.P.C. could be made out as it could not be ascertained as to which of the miscreants posed himself as officer of the Customs Department.
(3.) The FIR -maker Ranjan Ojha, however, could not be examined by the prosecution because according to Ranjan's employer Dinesh Kabra (P.W.1) Ranjan who had joined his service only a few months before the incident left the job on 21.07.2000 after taking away Rs. 3 lakhs. Ranjan's alleged leaving the place of employment after taking away Rs. 3 lakhs is not the issue here, but then an important witness, no other than the FIR -maker himself who was the person robbed of could not be examined by the prosecution and the FIR has been proved by his employer P.W.1, Dinesh Kabra who, of course, translated into his evidence the incident alleged in the FIR.;