RAJENDRA SHARMA versus STATE OF WEST BENGAL

Citation: [2013] 7 S.C.R. 570 · Decided: 17-07-2013 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Disposed off
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Judgment (excerpt)

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[2013) 7 S.C.R. 570 
RAJENDRA SHARMA 
v. 
STATE OF WEST BENGAL 
(Criminal Appeal No. 1109 of 2009) 
JULY 17, 2013 
[P. SATHASIVAM AND J. CHELAMESWAR, JJ.] 
PENAL CODE, 1860: 
c 
ss. 3951397 - Dacoity in gold jewellery workshop -
Conviction of appellant-taxi driver along with another and 
sentence of 10 years RI - Held: The evidence on record has 
clearly established the involvement of appeUant in 
commission of the offence - Courts below rightly convicted the 
0 appellant - However, as regards sentence, on going through 
all the aspects, particularly, the evidence of taxi-owner, who 
nowhere in his deposition stated about any illegal activity on 
the part of the appellant, ends of justice would be met by 
altering his sentence to the period already undergone, i.e. 7 
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~years. 
The appellant alongwith two others was prosecuted 
for committing offences punishable u/ss 395/397 IPC. The 
prosecution case was that on the date of incident the · 
three accused along with 2-3 others, armed with 
F revolvers, khojali, bombs etc. looted gold ornaments 
from a gold jewellery workshop and fled away in two 
taxis. The trial court convicted the three accused u/ss 
395/397 and sentenced them to 10 years RI each. The 
High Court acquitted one of the accused and maintained 
G the conviction and sentence of the appellant and the 
other accused. 
In the instant appeal, it was contended for the 
appellant that he being a taxi driver, was sitting inside his 
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570 
RAJENDRA SHARMA v. STATE OF WEST BENGAL 571 
taxi and in the absence of any individual overt act, the 
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sentence of 10 years RI was not warranted. 
Disposing of the appeal, the Court 
HELD: 1.1 A conjoint reading of the evidence of PWs 
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3, 4 and 5 and the owner of the taxi (PW-12) clearly 
establish the involvement of the appellant in the 
commission of the offence. There is no reason to 
. disbelieve their versions, and both the courts below 
rightly accepted their statements. [para 9] [575-C-D] 
1.2 As regards the sentence, on going through all the 
aspects, particularly, the entire evidence of the owner of 
the taxi (PW-12), it is relevant to point out that he nowhere 
in his statemen t has described about any illegal activity 
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on the part of the appellant who was his taxi driver, and 
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also the fact that till date, the appellant has already 
·undergone seven years and six months in jail, while 
confirming his conviction, ends of justice would be met 
by altering his sentence to the period already undergone. 
Ordered accordingly. [para 10] [575-D-G] 
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CRIMINAL APPELLATE JURISDICTION: Criminal Appeal 
No. 1109 of 2009. 
From the Judgment and Order dated 09.04.2008 of the 
High Court at Calcutta in C.R.A. No. 81 of 2006. 
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Pradip Ghosh, Kunal Chatterji, Ghanshyam Joshi for the 
Appellant. 
Chanchal Kr. Ganguli, Avijit B~attacharjee, Soumi Kundu 
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for the Respondent. 
The Judgment of the Court was delivered by 
P. SATHASIVAM, J. 1. This appeal is filed against the 
final )udgment and order dated 09.04.2008 passed by the 
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SUPREME COURT REPORTS 
[2013] 7 S.C.R. 
A Division Bench of the High Court at Calcutta in C.R.A. No. 81 
of 2006 whereby the High Court dismissed the appeal. 
preferred by the appellant herein by confirming his conviction 
and sentence passed by the Court of 1st Additional Sessions 
Judge, Alipore dated 19/20.12.2005 in Sessions Trial No. 1 (2) 
B of 2000 for the offence punishable under Sections 395/397 of 
the Indian Penal Code, 1860 (in short 'IPC'), Section 25 (1a) 
(b) of the Arms Act, 1959 and Sections 3 and 5 of the Explosive 
Substances Act, 1908. 
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2. Brief facts: 
(a) As per the prosecution case, on 07.12.1998, at about 
13:15 hours, the accused persons, viz., Rajendra Sharma, Sk. 
Muktar @ Dabbu, Sarban Singh and 2/3 others, armed with 
revolvers, khojali, bombs etc., committed dacoity in gold 
D jewellery workshops at Gopal Bose Lane and looted gold 
ornaments weighing about 1820 grams approx. and fled away 
in two taxis. 
(b) With regard to the above incident, a written FIR being 
E No. 234 dated 07.12.1998 was registered by Arun Hazra (PW-
3) at P.S. Cossipore under Sections 395/397 IPC and Sections 
25/27 of the Arms Act, 1959 read with Sections 3 and 5 of the 
Explosive Substances Act, 1908. 
(c) After investigation, the case was committed to the Court 
F of 1st Additional Sessions Judge, Ali pore and was numbered 
as Sessions Trial No. 1 (2) of 2000. 
(d} The trial Court, by order dated 19/20.12.2005 convicte
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