Indur Hazra Tapas Indur vs State Of West Bengal & Ors.

This appeal is directed against the judgment and order of conviction and sentence dated 24th June, 2015 passsed by learned Additional District &

Sessions Judge, Amta, Howrah convicting the appellant under Section 395 of the Indian Penal Code sentencing him to suffer R.I. for seven years and

to pay fine of Rs.5,000/- in default to suffer R.I. for six months more in connection with S.T. No.278 of 2012 arising out of G.R. Case No.814 of 2012

preferred by the appellant Tapas Hazra @ Idur.

The fact of the case briefly narrated is that on 14th April, 2012 at about 0.55 hours the defacto complainant with his wife and daughter were sleeping

in their quarter, when five/six miscreants covering their faces entered into the house by breaking open the door. They held out threat by putting

rivolver on his head and directed them to hand over gold ornaments and cash etc. and by compelling them to unlock their almirah. The miscreants

looted 3/4 Bhoris gold ornaments and cash of Rs.40,000/-, two mobile phones and snatched away gold chain from the neck of his daughter and fled

away.

After the case was committed to the case of sessions, the learned Sessions Judge took cognizance and transferred to the Additional Sessions Judge,

Fast Track Court No.2 for trial and trial started with framing of charges under Section 397/412 of the Indian Penal Code against all five accused

persons namely, Tapas Hazra @ Idur, Biswanath Mullick, Nepal Dalui, Jahar Dalui, Sk. Abdul Kalam. On closure of trial, the learned Judge found

Jahar Dalui guilty under Section 25(1b)(a) of Arms Act but was acquitted of charge under Section 27(1) of the Arms Act whereas the appellant was

found guilty of charge under Section 395 of the Indian Penal Code but found not guilty for the charge under Section 397/412 of the Code.

Accordingly, the appellant Tapas Hazra @ Indur and another accused Jahar Dalui were convicted under Section 235 (2) of the Cr.P.C. and the rests

were acquitted by the impugned judgment. The appellant was sentenced to suffer R.I. for seven years and to pay fine of Rs.5,000/- in default to

suffer R.I. for six months more for the charge under Section 395 of the Indian Penal Code. Whereas, convict Jahar Dalui was sentenced to suffer

R.I. for three years and to pay fine of Rs.2,000/- in default to pay such fine to suffer R.I. for three months more for charge under Section 25(1B) (a)

of the Arms Act with rider to set off pretrial detention undergone by them as per provision of Section 428 of the Cr.P.C. The convict Jahar Dalui has

not preferred appeal but the appeal preferred is only by the appellant Tapas Hazra @ Indur.

Learned counsel appearing on behalf of the appellant submits that the appellant has served out the sentence as awarded to him. A report of the

Superintendent, Midnapore Correctional Home dated 27th June, 2018 is submitted through learned Registrar Administration which reflects that the

convict, the present appellant was first committed to correctional home as trial prisoner as 20th April, 2012 in connection with Amta Police Station

Case No.101 of 2012 dated 14th April, 2012 G.R. No.814 of 2012, S.T. No.278 of 2012 under Section 395/397 IPC & 25/27 Arms Act.

Thus, it can be seen that the convict has already served out sentence of 6 years 2 months 7 days including under pre-trial detention undergone by him

and in addition he has earned 136 days remission till July, 2018. Thus, he is going to complete his sentence on 30th June, 2018. I have perused the

judgment impugned and the materials on record. It reveals that the T.I.P. was held during investigation by the Judicial Magistrate at Uluberia

Correctional Home on 26th April, 2012 and the appellant was identified to the Magistrate by the witness placed in the T.I.P. and the witnesses

including P.W.1 were examined and cross-examined. Having regard to the facts and circumstances of the case on evidence on record, the learned

trial court rightly found the appellant guilty by the convicting and sentencing him, accordingly, the appeal is dismissed.

Let a copy of the judgment along with LCR be sent to the learned trial court for necessary noting in the Sessions Register and for doing the needful.

Urgent photostate certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible.