- (1.) This criminal appeal is directed against the judgment dated 16.7.97 and order dated 19.07.97 passed by Sri P.B. Ghosh, learned Addl. Sessions Judge, Alipore, South 24 Pgs. in S.T. No. 7(1) 97/S.C. No. 11(1) 97 (State v. Jayanta Mondal and two others) whereby the three accused persons, namely Hobi Molla, Bapi Lasker and Jayanta Mondal were all found guilty of the offence punishable under Section 395 I.P.C. read with Section 397 I.P.C. and convicted thereunder and each of the three convicts was sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/- i. d. to R.I. for one year under Section 395 read with Section 397 I.P.C.
(2.) Briefly stated the prosecution case is this.
(3.) In the early hours of the morning between 3 A.M. and 3-30 A.M. on the 21st of August, 1996 the three accused persons, namely, Jayanta Mondal, Bapi Lasker and Hobi Molla alias Hobibur Molla along with 3/4 other miscreants armed with deadly weapons, such as revolver, Knife etc. committed dacoity at the house of Nuruddin Taj (P.W.3) at his Garden Reach House at Calcutta. The accused Hobi Molla, alias Hobibur Molla, was alleged to have dishonestly received and retained part of the booty, namely, one calculator-cum-alarm clock belonging to said Nuruddin Taj, obtained in the course of the said dacaity.;