Joymalya Bagchi, J. - (1.) The appeals are directed against the judgment and order dated 27th January, 2016 and 28th January, 2016 passed by the learned Additional District and Sessions Judge, 3rd Court, Tamluk, Purba Medinipur in Sessions Case No. 430 (November) 2014 and Sessions Trial No. 02(01)2015 arising out of G.R. Case No.1635 of 2014 and Moyna Police Station Case No. 144 of 2014 dated 19.07.2014 convicting the appellants for the offences punishable under Sections 394/397/412/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years and pay a fine of Rs.5,000/- each in default to suffer simple imprisonment for three months for the offence punishable under Sections 394/34 of the Indian Penal Code, to suffer rigorous imprisonment for seven years with fine of Rs.5,000/- each in default to suffer simple imprisonment of three months more for the offence punishable under Section 397/34 of the Indian Penal Code and to suffer rigorous imprisonment for ten years with fine of Rs.5,000/- each in default to suffer simple imprisonment for three months more for the offence punishable under Sections 412/34 of the Indian Penal Code, all the sentences shall run concurrently.
(2.) Prosecution case, as alleged against the appellants is to the effect that on 18.07.2014 Samir Maity (P.W.1) was proceeding at night around 10 p.m. from his shop at Balai Pandar Bazar market to his residence in a motor-cycle. When he reached Maity Kutir another motor-cycle carrying three persons overtook him. Two of the miscreants surrounded him and one of them showed a pistol at him. Other miscreant snatched his black rucksack containing cash of Rs.50,000/-, one tiffin box, valuable papers, bank passbook and diary. They also took away his black coloured money bag containing Rs.800/- and keys from his pocket. Thereafter, the miscreants took him to a deserted place in Haridaspur and snatched his gold finger ring and gold chain and two mobile phones. They threatened him with dire consequences and left the spot. P.W 1 was stunned by the incident. After sometime, he proceeded to his home and narrated the incident to his family members. On the next date, he lodged written complaint resulting in registration of Moyna Police Station Case No. 144 of 2014 dated 19.07.2014 under Sections 394/397 of the Indian Penal Code against unknown miscreants. In the course of investigation appellants were arrested and were put up for test identification parade in the presence of P.W. 6, learned Judicial Magistrate. P.W. 1 identified the appellants as the miscreants before the learned Magistrate. On the leading statements of the appellants stolen articles including Samsung Mobile Phone, business papers, passbook and tiffin box were recovered.
(3.) In conclusion of investigation, charge sheet was filed against the appellants and charge was framed under Section 394/397/412/34 of the Indian Penal Code.;