- (1.) PREFACE These two appeals would involve same accused. The facts are somewhat corelated. Hence, I intend to dispose of these two appeals by this common judgment.
(2.) On the night of August 26/27 of 2006 around 12.30 a.m. truck no.WB 65-0768 was returning after loading sand in Chanchol. When the truck was passing between Sripur and Bhagabanpur under Ratua Police Station, the driver Sk. Manarul found a tree fallen cross wise and a van rickshaw (bhutbhuti) standing on the road with passengers. Manarul had to slow the speed. Three/four unknown persons forcibly got into the truck and demanded money from Manarul holding a pistol on his head. They threatened to kill him if their demand was not met. Manarul could see three/four dacoits standing with pistol, knife and iron roads in their hands, with the help of the truck light. He initially refused. The dacoits started assaulting him by feast and blows. Being frightened, Manarul took out rupees four thousand from his pocket. The dacoit snatched his purse on which his name was embossed with nail polish. The miscreants ordered him to keep the truck standing. At that moment another truck being no.HR- 47/2767 was passing. The miscreants stopped the truck by beating the driver and his assistant and forced them to get down at the gun point. They snatched money and mobile phone from them. The name of the truck driver was Jasbinder Singh and his assistant was Durbindar Singh. They were robbed of rupees nine thousand and a mobile phone of TATA Indicom model.
(3.) S.I. Aniruddha Goswami along with Force was patrolling in the morning of August 27, 2006. They found the respondent gossiping in a tea stall of Ratan Das being PW-7. Aniruddha intercepted them in the tea stall. On being asked, they disclosed their identity as above. On conducting a search, the Police Force recovered one double barrel country made pipe-gun from the waist of accused Ataur Rahaman as also a sum of rupees two thousand having twenty notes of hundred rupee currency note. Aniruddha also found one single barrel country made pipe-gun from the waist of Anowar Ali. He recovered one .303 live catridge from the shirt pocket of Anowar Ali. He recovered another bullet (.303) from the trouser pocket of Rajibul, rupees two thousand from the possession of Ataur, eleven hundred and ten from the possession of Anowar, rupees seven hundred and seventy from the possession of Rezabul, one TATA Indicom Mobile set having mobile no.927865974. On interrogation the accused confessed that they had committed dacoity in between Sripur and Bhagabanpur. They confessed being seven in number, the remaining two Montu and Haran absconded. They failed to produce any paper or valid document regarding possession of the arms and ammunition.;