- (1.) This two appeals had arisen out of one judgment dated 5th October, 2010 passed by the learned Sessions Judge Dakshin Dinajpur at Balurghat in Sessions Case No.156 of 2009 (S.T.No.81 of 2009) thereby convicting Ujjal Mali @ Baltu (Appellant in C.R.A.691 of 2010) and Biswanath Mondal @ Bega, Shiben Sarkar @ Shibu, Gopal Saha (Appellants In C.R.A.663 of 2010) for committing offence under Section 399/402 of the I.P.C. and Narayan Chowhan (one of the appellants in C.R.A.663 of 2010) for committing offence under Section 399/402 of the I.P.C. read with Section 25 (i) (a) of the Arms Act and sentencing them to suffer R.I. for seven years each with fine and five years with fine, respectively. Narayan Chowhan was also sentenced for five years more under Section 25 (i) (a) of the Arms Act besides the offence under Section 399/402 of the I.P.C.
(2.) The case of the prosecution before the learned Trial Court was that Dharmadeb Chatterjee, Inspector-in-charge of Balurghat Police Station lodged one written F.I.R. suo-moto with his Police Station alleging therein that on 22.1.2007 at 20.05 hours he received source information that a group of miscreants numbering about 10 to 12 assembled in an under construction building situated at Mission More, Bahicha, opposite to Reliance Petrol Pump by the side of Balurghat-Gangarampur State High Way with an intention to commit a crime in the locality. He diarised the information in G.D. vide Balurghat Police Station G.D.E.No.1343 dated 22.1.2007 and left for the place together with S.I., Ashis Deb (P.W.5), S.I. Sudipta Kumar Das, S.I. Ganesh Sharma, Constable Hitendra Narayan Datta, Constable Amal Dutta, Constable Prafulla Ghosh and Constable Ranjan Sarkar. On his way to that place, some police officials joined him viz., S.I. Manoranjan Sarkar, Constable Pradip Dey, NVF Dulal Hansda and NVF Paritosh Sarkar of Patiram Police Camp. Dharmadev Chatterjee also taken Sukumar Sen (P.W.4) and Prosenjit Pal (P.W.3) with him on his way to the place where the miscreants were reported to have gathered. At about 2.50 hours, he and his companions reached Mission More Bahicha and kept the vehicles at a safe distance and proceeded on foot to the place of assembly i.e. one under construction pucca building and on arrival there, he found presence of some people in the building in the light of candle. The police party cordoned the house and warned the persons after disclosing the identity of the police. The miscreants tried to escape but after a hot chase, five miscreants (appellants) were apprehended but failed to give any satisfactory account of their presence in such a building at such place and at such an odd hour. The place was thoroughly searched and in course of searching, one improvised automatic pistol, 7 round of ammunition, one empty magazine was found in the possession of the appellant Narayan Chowhan, one dragger, one nylon rope were recovered from the possession of appellant Biswanath Mondal @ Bagha, one Daw and one crowber in a nylon bag recovered in the possession of Shiben Sarkar @ Sibu, one knife was recovered from the possession of the appellant Gopal Saha, one knife was recovered from the possession of the appellant Ujjal Mali. One half burnt candle, some pieces of bidi and cigarettes and two empty bottles of country spirit were also recovered from that place. Dharmadev Chatterjee, the Inspectorin-charge of Balurghat Police Station seized those articles under a seizure list duly signed by the witnesses as well as the appellants/accused persons whom he arrested. He also interrogated them and all the miscreants told him that they assembled there for preparing themselves to commit road dacoity in that area. He had taken all the five miscreants to the police station, lodged the F.I.R. and himself endorsed the case in favour of S.I. Amitava Sarkar (P.W.7) for the purpose of investigation and report.
(3.) The investigation was ended in a charge sheet and the appellants were arrayed to face charges under Section 399/402 of the I.P.C. Besides those offences, the appellant Narayan was also arrayed to face charge under Section 25(1) (a) of the Arms Act. All the appellants pleaded not guilty of the charge and accordingly, the trial commenced.;