MD SIRAJ Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) All the appeals are taken up together since all the appellants have preferred appeals against the self-same judgment and order dated 25th of February, 2013 and 26th of February, 2013 respectively passed by learned Additional Sessions Judge, Fast Track Court II, Sealdah, South 24 Parganas in sessions trial no. 2(5) of 2009 and sessions case no. 5(4) of 2009 whereby and whereunder learned trial Judge has convicted the appellants for the commission of offence punishable under Section 395 of the Indian Penal Code and thereby sentenced them to suffer rigorous imprisonment for 10 years each and to pay a fine of Rs. 10,000/- in default to suffer rigorous imprisonment of six months each. Learned trial Judge has further convicted them for commission of offence punishable under Section 397 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for 7 years each. Learned trial Judge however, convicted Md. Siraj in addition to aforesaid charges under Section 25(1B)(a) of the Arms Act and sentenced him to suffer rigorous imprisonment for one year and to pay a fine of Rs.2,000/- in default to suffer rigorous imprisonment for a term of 1 month. Learned trail Judge however, directed that all the sentences shall run concurrently.

(2.) Being aggrieved by and dissatisfied with such order of conviction and sentence of learned trial Judge, the appellants named above have preferred the aforesaid appeals on the ground that learned trial Judge could not appreciate the evidences on record properly and learned trial Judge has failed to appreciate the evidence of learned Magistrate who held Test Identification Parade of the aforesaid appellants and thereby came to an erroneous decision by convicting the aforesaid appellants.

(3.) On scrutiny of the appeals, it transpires that appellant Raju Singh and Sunny Singh have been released on bail during pendency of the hearing of their appeal being CRA 300 of 2013.