MD. SAHAZADA ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated April 5, 2014 passed by the Learned Additional Sessions Judge, Fast Track Court, Chandernagore, Hooghly convicting the appellants for commission of offence punishable under Sec. 395 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 7 years and to pay a fine of Rs.10,000.00 each, in default to suffer simple imprisonment for 5 months and also convicting the appellant no.1 for commission of offence punishable under section 25 of the Arms Act and sentencing him to suffer imprisonment for 3 years and to pay a fine of Rs. 5,000.00 each, in default to suffer simple imprisonment for 5 months, both the sentences to run concurrently.

(2.) Prosecution case, as alleged, against the appellants is to the effect that on 18.01.2013 one Deb Raj Shaw, P.W 1, an employee of M/s. Dig Brothers was entrusted a sum of Rs. 2,02,000.00 on behalf of his employer and was proceeding to United Bank of India Bhadreswar Branch to deposit the said sum of money. Suddenly three persons accosted and assaulted him and snatched away the bag containing the cash. Seeing the incident, the local people chased the miscreants. Other two miscreants were standing with fire arms. The miscreants fired bullets when the local people were chasing them. They also hurled bomb and as a result one person namely Samir Das (P.W 9) was injured. After chasing, three miscreants were apprehended and two fled away.

(3.) On the written information of P.W 1, Bhadreswar P.S case no. 29/13 dated 18.1.2013 under section 395/397 Penal Code and under section 25 and 27 of the Arms Act and 9(b)(II) of the Indian Explosives Act were registered for investigation. In the course of investigation, on 19.1.2013 appellant no. 1, one Durga Bansfore and Chotka Bansfore were arrested and produced before the Magistrate. Investigating Officer also informed the Magistrate that the appellant nos. 2 and 3 were admitted in the district hospital, Hooghly and were subsequently produced before the said Magistrate on 22.01.201 Upon their production, appellant no. 2 was taken in the police custody and recovery was made in pursuant to his statement.