- (1.) This appeal is directed against the judgment and order dated 30th of May, 1987 passed by the learned Additional Sessions Judge, 1st Court, Midnapore in Sessions Trial Case No. V of July 1984 convicting the four appellants, namely Haladhar Nandi, Sukumar Laha, Astam Hembram and Bistu Duley under Section 395 of the IPC and sentencing each of them to suffer R.I for 4 years on the said charge.
(2.) P.W. 3, Kalipada Pal lodged an ejahar at 08-20 hrs. on 23rd of March, 1982 alleging the following incident: On the night between 22nd of March, 1982 and 23rd March 1982 at about 01-00 a.m. when the members of the family had been sleeping in their respective rooms in the house there was heard sound of knocking of doors in the western side of the covered varandah of the complainant's two-storied building. When the complainant came out he found some people striking against the door from outside with the help of an axe. It was realized that a dacoity was being committed. His elder son Kajal @ Gorachand (P.W. 4) was sleeping on the covered varandah. The dacoits charged the inmates of the house by breaking opon the door of the covered varandah but because of resistance made by P.W. 4 and his younger brother Durlav pal (P.W. 12) who was on the first floor of the house the dacoits could not immediately enter the rooms of the first floor. Some dacoits sustained injury caused by the members of the house by means of lathi. The dacoits entered into the room of the complainant (P.W. 3) and looted the following articles: Necklace (double), eight gold plated bronze bangles, one pair of gold ear ring, two pieces of gold rings - one filled with red stone, one (1) piece of silver tora, cash of Rs. 1200/-, black coloured + blue coloured trousers, blue coloured + 1 while coloured chinese shirt. Then they entered into the room of his nephew Biren and took away the articles, namely - 16 gold plated bronze (churies) bangles, one bicha necklace, one English bicha necklace, one pair of gold ear ring, 3 pairs of silver nupur, 2 bronze bangles, Cash of Rs. 400/-.
(3.) Thereafter they looted one water pot made up of brass, one bell- metalled utensil called 'kansa' and four pairs of gold ear rings from the room of his brother Haripada Pal (P.W. 9). Amidst the happening of the incident the complainant and the members of his family could be able to apprehend one of the dacoits, namely Haladhar Nandi and he was made over to the police when police came to the spot in the morning of 23rd of July, 1983, while the other members of the gang managed to escape.;