(1.) THIS Court is hearing this appeal as against the judgement and order of conviction passed by the learned Additional Sessions Judge, 2nd Court at Howrah in Sessions Trial No. 155 of 2011 arising out of Howrah P.S. Case No. 372 of 2010 dated 22 -11 -2010. As per the judgement dated 24 -06 -2013, the learned Court was pleased to held the accused appellant guilty in respect of the offence punishable under Sections 395/397 of the Indian Penal Code and he was convicted under Section 235(1) of Cr.P.C. The co -accused person, namely, Ranjit Kumar Swaraj, was however found not guilty. Other two co -accused persons, namely, Rajesh Thakur and Bachhan Majhi, were also so convicted. On enquiry this court has come to know that the other two convicts preferred not to file any appeal. The present appellant and the co -accused Rajesh Thakur were however acquitted in respect of the charge punishable under Section 412 of the Indian Penal Code.
(2.) THE sentence was passed on 25 -06 -2013 wherein the present appellant along with two other convicts were sentenced to suffer rigorous imprisonment for seven years each and they were also directed to pay fine of Rs. 5000/ -each, in default, to suffer Simple Imprisonment for one year. They were ordered to get set off. The appellant was however acquitted in respect of the charge punishable under Section 412 of the Indian Penal Code.
(3.) AFTER registration of this case, the case was at first investigated by S.I.S. Pakhira and thereafter on his transfer investigation was taken up by S.I., Uttam Kumar Chatterjee, respectively examined as P.Ws.14 and 16.