MD JAVED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeals are directed against judgment and order dated 29.06.2009 and 30.06.2009 passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Sealdah in Sessions Case No. 9(5) 2007 arising out of Sessions Trial No.2(7) convicting the appellants for the commission of offence punishable under sections 395/397/412 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years each and to pay a fine of Rs.25,000/- each, in default to suffer simple imprisonment for one year for the offence punishable under sections 395/397 of the Indian Penal Code and to suffer rigorous imprisonment for seven years each and to pay a fine of Rs.10,000/- each, in default to suffer simple imprisonment for six months more for the offence punishable under section 412 of the Indian Penal Code. The appellant Rustam Khan @ Nana was also convicted for the offence punishable under section 25(1b)(a) of the Arms Act and was sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.10,000/-, in default to suffer simple imprisonment for six months for the offence punishable under section 25(1B)(a) of the Arms Act. All the sentences are directed to run concurrently.

(2.) The prosecution case as against the appellants is to the effect that on 09.12.2006 at about 11.05 p.m. while one Prakash Singh (P.W. 3) was gossiping with his sister Lakshmi Singh (P.W. 4) and his friend Jayanta Das (P.W. 5) in his shop under the name and style as 'Singh Confectionery' at 32/A/1 B.T. Road the appellants came in a yellow taxi to commit dacoity in his shop. Three of them entered the shop and stole cash, gold ornaments, Nokia mobile phone from Prakash Singh and others. The other two entered the dwelling room of Prakash Singh where his wife was taking care of his new born baby. They forced her to open the almirah and took Rs.20,000/- from a green purse belonging to Lakshmi Singh (P.W. 4) and other articles. Thereafter all the miscreants left the spot.

(3.) On the written complaint of Prakash Singh, Cossipore P.S. Case No. 105 dated 10.12.2006 under sections 395/397/412 of the Indian Penal Code and under section 25(1B)(a)/27 of the Arms Act was registered for investigation. In the course of investigation, appellants were arrested and stolen articles including Nokia mobile phone and fire arms were recovered from them. They were also identified in the course of test identification parade by P.Ws. 3, 4, 5 and 6.