- (1.) This appeal is directed against the Judgment and Order of conviction dated 25.1.2001 passed by the Ld. Additional Sessions Judge, 1st Court, Nadia in Sessions Trial Case No. 1(4) 94 arising out of Sessions Case No. 6(2) of 1992 whereby and whereunder the appellants were convicted for commission of the offence punishable under Section, 395 of I.P.C. and were also sentenced to suffer R.I. for a period of 7 years each and to pay a fine of Rs. 5,000/-, in default to suffer R.I. for another period of one year each.
(2.) In connection with this appeal, the prosecution case may briefly be stated as follows : One Sri Gobinda Gopal Dutta submitted a Written Complaint before, the Officer-in-charge Karimpur P.S. alleging therein that on 5.4.1988 at about 6 p.m. when his younger son Sri Krishna Das Dutta was closing their shop at that time one matador vehicle came in front of the shop-cum- residential house and from the aforesaid matador about 8/10 persons got down and entered into his shop. At that time the aforesaid persons were armed with revolver, dagger, bhojali etc. and they caught hold of the aforesaid son of the de facto complainant and dragged him inside the house of the first floor and asked him to show the place where the gun and ornaments have been kept by them. They also assaulted him and other inmates of the house and at that time two amongst those persons caught hold of the de facto complainant of this case and dragged him and also assaulted him. They also asked him to show the place where the ornaments and gun were kept. Accordingly, the de facto complainant showed the wooden box. The dacoits looted the ornaments after breaking the said wooden box and they also took the licensed gun kept by the side of the bed.
(3.) The dacoits also snatched away three gold "churis", one',"Bhatia neckless" weighing about 1.5 "varis" and one gold "Kharu" bangle. They also took two gold "churis" of the second daughter of the de facto complainant by way of snatching. After completing the aforesaid dacoity, the dacoits were returning by the said matador and at that time the villagers put up road blockade and started pelting brickbats and as a result of that one bomb, presumably kept by the dacoits in the matador, was exploded. Thereafter, three of the injured dacoits namely, Shyamal Ghosh, Bhola Parui and Arjun Garai were apprehended by the villagers and some of the looted gold and silver ornaments wrappted in a packet and the gun were recovered from the aforesaid vehicle. On interrogation one of those three apprehended dacoits namely Shyamal disclosed that they were about 12 or 13 in numbers including Sanjay, Uttam and Kalababu.;