BABLU SARDAR Vs. STATE WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the judgment and order of conviction dated 7th August, 2008 and 12th August passed by the Learned Additional Sessions Judge, 2nd Fast Track Court, Lalbagh, Murshidabad in Sessions Trial No.5/Jan/08 arising out of Sessions SL No. 87/07 convicting the appellants under Section 394 of the Indian Penal Code and 27 (1) of the Arms Act.

(2.) Sri Mukundalal Sarkar with Sri Sandip Ghosh Choudhury appear for the appellants. Sri Saibal Bapuli with Sri Sammik Ganguli appear for the State respondent. Sri Sarkar at the commencement of his submission has taken us through the written complaint treated as GR Case No. 952 of 07 pertaining to Nabagram P.S. Case No. 100/2007 under Sections 394/411 of the Indian Penal Code and Sections 25/27 of the Arms Act. The said complaint which was received on the date of occurrence, that is 30th August 2007 at 14:25 hrs was treated as the First Information Report and upon investigation culminated in the 3 accused persons being charged under Section 394 of the Indian Penal Code and Sections 25/1 (1-A)/27 of the Arms Act read with Section 34 of the Indian Penal Code.

(3.) The facts of the case, according to the written complaint were as follows:-