IMPORTANT POINT
Robbery – One credible witness outweighs the testimony of a number of other witnesses of indifferent character – Order of conviction can be passed on the basis of sole testimony of injured witness.

JUDGMENT

Chaitali Chatterjee Das, J.—This Appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgement and order dated September 29, 2007 passed by the learned, Additional Sessions, Judge, Fast Track, 1st Court, Asansol, Burdwan, in Sessions Trial number 38 / 2006 and Session case no.5/2006, convicting the appellant under Section 394 of the Indian Penal Code and sentence him to suffer Imprisonment for seven years and to pay a fine of Rs.2000 only.

2. Bereft of any details ,the prosecution case was launched on the basis of statement of Ram Lakshman Mehra, son of late Bishnu Mehra, loco driver, Chinakuri, Imli Dhwara, Police station, Kulti District Burdwan made before the police officer of Neyatnatpur Out Post at P.S Kulti, which was treated as the written complaint. It was stated by said, Ram Laxman Mehra, who was working as Loco driver at Chinakuri colliery that on 16.10.1990, he and his son Kadam Dev were sleeping in his quarter in the night at about 10 P.M., then at about 1am on 17.10.90 Kote Singh asked repeatedly to open the door with a threat to break open the door.

3. On refusal to open the door he threatened to break open then out of fear he opened the door and found three persons who entered into the room are 1) Share Singh, a resident of Burnpur and used to come at Chinakuri No. 1 pit 2) Lalu Lama son of late Fulwa Singh Lama working as line mistri at China Kuri No .1 pit, and Milan a resident of Ramghat Chinakuri. They entered into his room, and noticed, Sher Singh had a Bhojali in his hand, Lalu had a Tangri in his hand and knife in the hand of Milan. Lalu hit him on his head with the backside of Tangri as a result he suffered injury with profuse bleeding in his head, Milan hold the knife on his neck, Sher Singh asked him to give money quickly. Out of fear, his son gave ¹ 40, then those persons took away one cream coloured woollen shawl, one three cell jeep torch, one Orient wristwatch. After they left one man entered crossing the wall of his cousin brother Jagdish Mehra and opened the door and all three entered inside.

4. The complainant and his son did not go out of the house .His brother’s quarter is adjacent to his quarter, and heard an altercation and scuffing from his house, and thereafter it was silent .After sometime at about 3.30, this complainant heard hue and cry in the locality and thereafter all the people started to assemble and then they also came out. He along with his son, Kadam Deo, Prashant Mehra, Nazar Ali & Dukha Prasad Dukhi Mehna, Prakash Mehra, and many people of the locality, entered into the house of his cousin and found his cousin lying dead in the room with profuse bleeding. His cousin sustained one deep injury on the neck and it was stated to them by Nazar Ali, Dukha Prasad, Dukhi, Mehra, that Sher Singh , Lalu Lama, and Milan forcibly barged into their houses consecutively between 12 to 1 o’clock at night and assaulted someone and threatened someone and snatched away, silver chain, earring from the house of Dukha Prasad, silver necklace, one pair earring, Payel, Anglo Swiss wristwatch and liquid cash of Rs. 900/- from the quarter of the Dukhi Mehera ,one Anglo wrist watch and liquid cash of around 120 from Prakash Mehra and Rs 950/- from the house of Nazar Ali. They threatened all the persons to kill if they come out of their houses. Those three persons were known to every one of that locality being resident who had a history of snatching and burglaries.

5. On the basis of their said statement Kulti P.S. case number 254/90 dated 17.10.90 started under Section 394/302/304 I.P.C against the accused persons. After investigation, the charge sheet was submitted under section 394/302/304 I.P.C against Sher Singh Alias Satya Narayan Chauhan. The other accused Milan Bengali was shown as absconder and order of proclamation of warrant was issued and Lalu Lama alias Lalu Nepali died on 14 .9. 91 at SD Hospital, Asansol. After commitment, the formal charg