ISRAFIL @ ISRAFUL SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 23.04.2008 passed by Learned Additional Sessions Judge, Fast Track Court-I, Krishnagar, Nadia convicting the appellant for commission of offence punishable under Section 398 of the Indian Penal Code and also under Section 25(1) (a) of the Arms Act and sentencing the appellant to suffer rigorous imprisonment for five years for the offence under Section 398 of the Indian Penal Code and rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- in default to suffer rigorous imprisonment for four months more for the offence punishable under Section 25 (1)(a) of the Arms Act. Both the sentences to run separately.

(2.) Prosecution case as alleged against the appellant is to the effect that the appellant had boarded a bus bearing registration no. WB- 57-6051 with a pipe gun and live ammunitions while it was travelling from Gopalpur Ghat to Malda.

(3.) He had alighted the vehicle near a broken bridge near Betai, Plassey around 5.00 A.M. Seeing the firearm on the appellant, the passengers protested and upon being confronted the appellant gave out his identity. He also stated that he had boarded the bus for the purpose of committing dacoity and he had five associates with him. The driver of the vehicle, P.W.1 Abdul Wahed Biswas drove the vehicle to Mira outpost where the appellant was apprehended with the firearm and ammunitions. First Information Report was lodged by P.W.1 and chargesheet was filed against the appellant.