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Judgment
18 paragraphs · 281 wordsJoymalya Bagchi, J
The appellant was convicted for commission of offence punishable under Section 395 of the Indian Penal Code and sentenced to suffer rigorous
imprisonment for eight years and to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for six months more.
The prosecution case as alleged against the appellant and others is to the effect that on 10.8.2002 around 3.30 p.m. some miscreants aged about 20-30
years carrying black rexin bags and revolvers in their hands had entered the office of M/s. Rathi & Sons, a firm carrying on business in iron and steel
and took away Rs.15,000/- in cash, 23 nos. silver coins and other gold ornaments and a mobile phone.
In the course of investigation, the appellant and other accused persons were arrested. Stolen articles were also recovered from the possession of other
accused persons.
In the course of trial, the defacto complainant (P.W.2), Laxmi Narayan Rathi and other witnesses, namely, P.Ws.3, 4 and 5 deposed relating to the
dacoity. P.Ws.2, 4 and 5 identified the appellant both in the T. I. Parade as well as in the course of trial.
In the light of the aforesaid evidence on record, I am of the opinion that the conviction and sentence imposed upon the appellant was justly recorded
and the same calls for no interference.
Accordingly, the conviction and sentence of the appellant are upheld.
The appeal is dismissed.
Period of detention suffered by appellant during investigation, enquiry or trial shall be set off against the substantive sentence imposed upon him under
Section 428 of the Code of Criminal Procedure.
Copy of the judgment be sent down to the trial court at once.
I agree.