MAHID AHMED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) All the appeals are taken up together and disposed of by this common judgment and order

(2.) C.R.A No. 72 of 2013 has been filed by Rejaul Karim Molla @ Pappu, C.R.A No. 82 of 2013 has been filed by Sahidul Haque Tarafdar @ Rintu and C.R.A No. 98 of 2013 has been filed by Bikash Mondal, Khokan Mondal, Basudev Mondal and Sk. Ansar Ali against the judgment and order dated 09/10.01.2013 passed by the learned Additional Sessions Judge, Fast Track Court No. 4, Barasat, North 24 Parganas in Sessions Trial No. 2(5) of 2008/Sessions Case No. 20(4) of 2008 convicting the appellants Basudeb Mondal, Khokan Mondal, Bikash Mondal and Sk. Ansar Ali for commission of offences punishable under sections 394/397/411 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 9 years and to pay fine of Rs. 10,000/- each, in default, to suffer rigorous imprisonment for 2 years more each for the offence punishable under section 394 of the Indian Penal Code and to suffer rigorous imprisonment for 7 years each for the offence punishable under section 397 of the Indian Penal Code and to suffer simple imprisonment for 3 years each for the offence punishable under section 411 of the Indian Penal Code, convicting Rejaul Karim Molla @ Pappu, Sahidul Haque Tarafdar @ Rintu and Jayanta Mondal for commission of offence punishable under section 411 of the Indian Penal Code and sentencing them to suffer simple imprisonment for 3 years each for the offence punishable under section 411of the Indian Penal Code, all the sentences to run concurrently with further direction, if no appeal is preferred, the seized gold and silver ornaments shall be returned to the de facto complainant, Mohid Ahmed.

(3.) It is pertinent to note that the said de facto complainant subsequently made an application for return of the seized gold and silver ornaments under section 452 of the Code of Criminal Procedure before the trial court which was turned down by order dated 24.02.2015. Such order is the subject matter of appeal under section 454 Cr.P.C. being Criminal Appeal No. 376 of 2015 at the behest of the de facto complainant, Mohid Ahmed.