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Showing contexts for: MD. SALIM in Rafikul Alam, Sk. Siddique, Sk. Sujit @ ... vs State Of West Bengal on 17 December, 2007Matching Fragments
5. On the same date, the informant Swapan Kr. Mitra went to Ulambazar P.S. and lodged a written complaint (Exhibit I) disclosing the details of the operation of the dacoity. Eventually, Ulambazar P.S. Case No. 7/1997 dated 9.2.1997 under Section 392 of IPC was registered on the basis of this written complaint. The police authority took up investigation. In course of investigation, some of the stolen ornaments including cash of Rs. 2,000/- looted away by the dacoits were recovered from the house of the appellants Md. Salim and Rafiqul Alam pursuant to their statements and also from the house of appellant Sk. Sujit @ Nafijul and the same were seized under three seizure lists by the officer-in-charge, Illambazar P.S. the Investigating Officer (P.W. 11). After completion of investigation, P.W. 11 submitted chargesheet against the appellants under Section 392/395/397/412 of IPC on 31.5.1997 showing the appellant Sk. Murshid @ Morai as absconder. The case was committed to the Sessions Court. The Trial Court framed charges under Section 395/412 of the IPC. The appellants denied the charges and claimed trial.
6. Prosecution in order to establish the case against the appellants examined as many as 11 witnesses including the informant as well as his wife (P.W. 2) and the son, P.W. 3, of the informant.
7. Prosecution, during trial, also produced written complaint, seizure lists regarding recovery of some money and some incriminating ornaments, injury report of the informant, formal FIR and statements made by the appellants Rafiqul Alam and Md. Salim during investigation under Section 27 of the Indian Evidence Act leading to discovery, weighment chart of the recovered ornaments and some of the recovered ornaments including money which were marked as exhibits 1 to 9 and Mat. Exhibit I to Exhibit III (collectively).
26. In the result, the conviction of this appellant under Section 412 of IPC and sentences awarded to him under Section 412 of IPC are set aside.
27. Now, we shall deal with the case in respect of the appellants namely Rafikul Alam, Sk. Sujit @ Nafijul, Md. Salim and Sk. Siddique of the charge framed against them for the offence punishable under Section 395 of IPC.
28. The Trial Court mainly relied on the oral evidence of P.W. 1 to P.W. 3 and P.W. 11 (I.O.) and the documentary evidence particularly, the statements made by the appellants Rafikul and Md. Salim during investigation under Section 27 of the Evidence Act leading to recovery of some of the articles stolen in course of dacoity which were identified by P.W. 1 the informant at the time of recovery as well as during trial and subsequently by P.W. 2, wife of P.W. 1.
37. The next piece of evidence against these appellants that two of them gave information to I.O. (P.W. 11) that they kept the stolen articles at their respective houses and pursuant to the said information P.W. 11 recovered some of the stolen ornaments and cash Rs. 2,000/- i.e. (Mat. Exhibit 1 to 3 collectively) from the house of the appellant namely Sk. Sujit @ Nafijul, Rafikul Alam and Md. Salim.
38. According to the evidence of P.W. 11 (I.O.) he arrested the appellant Rafikul Alam from his residence at village Tantgorey on 20.2.1997 and while in custody he made statement (Exhibit 7) in presence of informant and pursuant to the said statement Rafikul led him to the recovery of some stolen ornaments and cash of Rs. 2,000/- (MAT Exhibit 1 collectively) from his house and the said stolen articles were seized in presence of informant and witnesses under seizure list (Exhibit 4/2). On 20.2.1997 at about 17.45 hours P.W. 11 along with the informant had been to the hovise of appellant Sk. Sujit @ Nafijul at village Madarbuni, but, he did not find him at his residence. He then called some local people and in their presence he started searching the house of appellant Sk. Sujit and after searching he was able to recover two stolen golden bala and two stolen golden chur (Mat. Exhibit 2 collectively) from his house and the said stolen ornaments were seized in presence of informant and the witnesses under seizure list (Exhibit 2/3). P.W. 11 has also testified that the appellant Md. Salim was arrested on 21.2.1997 from his residence at village Madarbuni and while in custody he made a statement (Exhibit 8) in presence of informant and the witnesses and pursuant to the said statement Md. Salim led him to the recovery of one pair of golden bouti (Mat. Exhibit 3 collectively) from his house and the said stolen bouti were seized under seizure list (Exhibit 3/3).