TUTUL SK. Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellants assailing the judgment and order of conviction and sentence dated October 17, 2006 & October 18, 2006 respectively passed by the Ld. Additional District and Sessions Judge, Fast Track, 3rd Court Rampurhat, Birbhum in Session Trial No. 6(6)/06 (TR No. 20/06) arising out of Sessions Case No. 101/2005. By virtue of the impugned judgment appellants have been convicted and sentenced to suffer rigorous imprisonment for life with fine of Rs. 5,000/ - each in default to suffer rigorous imprisonment for a further period of 6 month each for the offence punishable under Sec. 394 Indian Penal Code (hereinafter referred to as IPC) while the remaining two accused persons namely Rahatul Sk. and Kabir Khan have been acquitted from the charge punishable under Sec. 396 IPC.

(2.) The prosecution case, in brief is as follows: -

(3.) On the basis of the above complaint, P.W. 12 started Murarai P.S. Case No. 93/04 dated 13.11.2004 under Sec. 394/302 IPC against 04 unknown miscreants and he himself took up investigation of this case and on completion of the same submitted charge -sheet being No. 40/05 dated May 12, 2005 against the appellants and 3 others namely Rahatul Sk., Kabir Khan and Rahim Sk. under Sec. 396 IPC. In the meantime accused Rahim Sk. absconded, as such case was filed against him on September 9, 2005 and proceeded against the rests.