- (1.) Both the criminal appeals being C.R.A. No. 550 of 2006 and C.R.A. No. 495 of 2007 are arising out of the self-same judgment and order passed by the Learned Additional Sessions Judge, Fast Track, 2nd Court, Sealdah, 24-Parganas (South), in connection with Sessions Trial No. 1(2) 06 and accordingly the same are taken up for hearing together.
(2.) In the aforesaid trial the convicts are Md. Anwar and Md. Arshi. In the said trial both the accuseds Md. Anwar and Md. Arshi were convicted under Section 393 and under Section 397 of the Indian Penal Code. They were sentenced to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 2,000/ - and with default clause on each count, for their conviction under Section 393 of the Indian Penal Code and under Section 397 of the Indian Penal Code. In addition to that Md. Anwar was also convicted under Section 25(1B)(b)/27 of the Arms Act and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 1,000/ - with default clause. All the sentences were directed to run concurrently.
(3.) The prosecution case in a nutshell are as follows; One Md. Javed is a resident of a flat situated on the first floor of the premises No. 31B, Circus Avenue, Kolkata - 700 070, popularly known as Taj Mansion. On August 12, 2004 at about 8.25 hours in the evening the said Md. Javed was at his flat with his wife Saiyara Begum and his daughter, at that time the calling bell of his flat started ringing. Being attracted by the ringing of calling bell he opened the door of his flat and found three persons were standing. They first asked him whether that was the flat of one Asutosh Mukherjee or not and when he answered in negative and was about to shut the door the said miscreants pushed him inside and forcibly entered into his flat. Thereafter, one miscreant brought out his revolver and put it on the head of Javed, but Javed somehow caught hold of his hand and dashed him on the door and the revolver fell from his hand. At that time the other two miscreants brought out choppers and attempted to hit him on his head however this time also Javed somehow saved him from such attack by moving his head. In the meantime, the inmates of the house raised hue and cry and being attracted by such hue and cry the local people rushed to the spot and caught red handed one miscreant, viz., Md. Anwar but other two fled away.;