JOYMALYA BAGCHI, J. - (1.) BOTH these appeals are heard analogously and disposed of by this common order as they assail the selfsame judgment and order.
(2.) THE appeals are directed against the judgment and order dated 19.04.2013 and 20.04.2013 passed by the learned Sessions Judge, Howrah in Sessions Trial No. 3 of 2010 convicting the appellants and one Md. Abdul @ Bapi for commission of offence punishable under Sections 395/397 of the Indian Penal Code and directing them to suffer rigorous Imprisonment for seven years and to pay fine of Rs.5,000/ - each, in default to suffer Simple Imprisonment for another six months each for the offence punishable under Section 395 of the Indian Penal Code and to suffer rigorous Imprisonment for seven years for the offence punishable under Section 397 of the Indian Penal Code, both the sentences to run concurrently.
(3.) THE prosecution case, as alleged, against the appellants are as follows: On 11.08.2009 around 14:30 hours the First Information Report was lodged by Sisir Kumar Samanta (PW - 1), the then Manager of Polgustia Anchal Krishi Unnayan Samity Bank alleging that on 11.08.2009 around 2:15 P.M. four men aged about 30 years entered the aforesaid Bank. At that time, Dilip Hait (PW -2), Bank Accountant, had come out for tiffin and one of the said four men put a gun on his head and pushed him inside the Bank forcefully. PW -2 tried to make himself free and there was a scuffling. The said man fired twice and one bullet hit the Bank counter while the other one did not burst. The four miscreants tied up five employees of the Bank in one corner and assaulted the de facto complainant (PW -1) with the butt of the revolver. One of them brandished a revolver and entered the cash counter and took away of the transaction money to the tune of Rs.2,53,568.70 which was kept in an attache. They also snatched five mobile phones from the employees. Two other miscreants were found standing in front of the gate of the Bank and there were two to three more miscreants sitting on motor cycles on the road. The four miscreants who had entered the Bank came out with the booty, boarded the motor cycles and went towards Panpur. The entire incident concluded within five minutes.;