- (1.) Md. Rahul @ Golam Mustafa, Abdul Hamid, Md. Nadim, Md. Nausad, Promod Kumar Mahato and Prabhunath Sah @ Nath were tried by the Court of Additional Sessions Judge, First Court, Alipore, South 24-Parganas for offence under Sections 395/397 of the Indian Penal Code and under Section 25(1B)(a) of the Arms Act. The Court of Additional Sessions Judge, First Court, Alipore, South 24-Parganas vide the impugned judgment dated 22nd June, 2011 held appellants guilty of offence under Sections 395/397 of the Indian Penal Code and also found appellants, Prabhunath Sah @ Nath and Promod Kumar Mahato guilty for offence under Section 25(1B)(a) of the Arms Act. Vide a separate order dated 23rd June, 2011, the appellants were sentenced as under: " All the Accused persons are sentenced to suffer R.I. for nine years each and to pay fine of Rs.5000/- each i.d. to suffer R.I. for 4 (four) months each for the offence under section 395 of the I.P.C. All the accused persons are sentenced to suffer R.I. for 8 (eight) years each and to pay fine of Rs.4000/- each i.e. to suffer R.I. for 2 (two) months each for the offence under section 397 of I.P.C. Accused persons namely, Promod Kumar Mahato & Prabhunath Sah @ Nath are sentenced to suffer R.I. for two years each and to pay fine of Rs.1000/- each i.e. to suffer R.I. for one month each for the offence under Section 25(1B)(a) of the Arms Act. "
(2.) Only three appellants, namely, Abdul Hamid, Prabhunath Sah @ Nath and Md. Nadim have filed three appeals being CRA No.383 of 2011, CRA No.390 of 2011 and CRA No.412 of 2011 respectively. Remaining three appellants, namely, Md. Rahul @ Golam Mustafa, Md. Nausad and Promod Kumar Mahato have not filed any appeal.
(3.) Shri Saswata Gopal Mukherji, Counsel assisted by Shri Sanjoy Banerjee, Counsel for State on verbal instruction from Deb Narayan Mandi, Welfare Officer of the Presidency Correctional Home has stated that the three appellants who have not filed any appeal, are going to complete their sentence on 18th January, 2013 in case fine is deposited by them.;