State vs . on 20 March, 2014
The complainant in his examinationinchief deposed that he
used to get prepared gold jewellery from his workers at Chand Mohalla,
Gandhi Nagar and Chandni Chowk. There were three workers with him
who used to prepare gold jewellery at the time of incident namely Arun
Kumar Mandal, Tapas Mandal and Sanjit Rishi. That on 19.04.2008 he
gave 700 gms of gold to the aforesaid three workers for preparing jewellery,
who used to prepare jewellery on the first floor of the house of complainant.
On 21.04.2008 at 6:00 AM, he noticed that all the aforesaid three persons
were missing with the 700 gms gold given by him. He made a complaint in
this regard to SHO, PS Gandhi Nagar on 22.04.2008 Ex. PW 4/A but no
action was taken by the police. He made another complaint on 18.08.2009
and 12.10.2010, which are Ex. PW 4/B and Ex. PW 4/C. When no action
was taken by the police he filed an application in the court u/s 156 (3) Cr.
P.C. on 31.01.2011 which is Ex. PW 4/D and the complaint case is Ex. PW
4/E. He made another complaint to SHO, PS Gandhi Nagar on 10.02.2011
which is Ex. PW 4/F. Thereafter, Arun Mandal was arrested from a shop
namely Radha Moham Jewellers, GIP Colony, Naya Banchh Road, Hawra,
PS Bankra at his instance vide arrest memo Ex. PW 3/A and the personal
FIR No. 42/2011 State Vs. Tapas Mandal & Ors. Page No. 4 / 13 SPS Laler, ACMM (East)
search of accused was also conducted in his presence vide Ex. PW 3/B. He
lastly deposed that neither the jewellery nor gold was recovered from the
possession of accused and that disclosure statement of accused Arun
Mandal was recorded which is Ex. PW 3/C.
It may be noted that besides the complainant (PW4) there is
no other witness to the alleged entrustment of gold by the complainant to the
accused persons.