- (1.) The judgment and order of conviction and sentence dated 30.05.2007 and 31.05.2007 passed by the learned Additional Sessions Judge, Durgapur in Sessions Trial No. 7 of 2002 (Sessions Case No. 24 of 2001) are under challenge in the present appeal. By the aforesaid judgment and order learned Trial Court convicted the accused Durga Hazra in the case, of the offences punishable under Section 394/34 I.P.C., 364/34 I.P.C., 304 part 1 I.P.C., and 201/34 I.P.C. and sentenced him to suffer R.I. for seven years and to pay fine of Rs. 2,000.00 (rupees two thousand only) I.D. to suffer R.I. for six months more for the offence under Section 394/34 I.P.C. and to suffer R.I. for seven years and to pay fine of Rs. 2,000.00 (rupees two thousand only) I.D. to suffer R.I. for six months more for the offence under Section 364 /34 I.P.C. and to suffer R.I. for ten years and to pay fine of Rs. 5,000.00 (rupees five thousand only) I.D. to suffer R.I. for one year more for the offence under Section 304 part-I, I.P.C. and also to suffer R.I. for two years and to pay fine of Rs. 500 (rupees five hundred only) I.D. to suffer R.I. for two months more for the offence under Section 201/34 I.P.C. Being aggrieved by such judgment of conviction and order of sentence the said accused Durga Hazra has filed the present appeal.
(2.) The prosecution case in short, is as follows:-
(3.) One Bishwanath Dhara, the driver of the truck bearing No. WGA-6257 went to Ilambazar P. S. in the morning of 03.03.1993 and orally narrated that on the previous evening he along with his son Tapas Dhara who had been working as the cleaner of the truck, took out the aforesaid truck from the office of the owner of the truck at Mogra for going to Damagoria Colliery to load coal. On the way three unknown persons with seven sacks with goods stopped the truck and requested to take them to a place at Assansol for a fare of Rs. 70.00 (rupees seventy only). The driver, i. e., the complainant agreed to the proposal and allowed those three persons to board in the truck with their goods. At night the truck was parked in a road-side Hotel at Bud Bud where all of them took dinner. After dinner all of them had slept. Thereafter, those three passengers awoke the complainant and the complainant started the truck and proceeded towards Assansol. On the way those three persons threw chilly powder in the eyes of the complainant assaulted the complainant and his son and pushed the complainant and his son in two sacks and one of those three persons took control of the steering of the truck and drove the truck. After passing through a considerable distance they turned the truck back and started driving it towards Ilambazar. On the way those three persons had thrown out the complainant from the truck from over a bridge and drove away the truck with the complainant's son. In the following morning the complainant somehow freed himself from the ties, searched for his son and finding none nearby, went to Ilambazar P. S. and narrated the aforesaid facts. Ilambazar Police passed over the information immediately to Kanksa P. S. from where some officers came to Ilambazar P. S. and took the complainant Bishwanath Dhara to Kanksa P. S. where Bishwanath Dhara again repeated the aforesaid incidents which had been reduced into writing and on the basis of such complaint Kanksa P.S. case No. 29/1993, dated 05.03.1993 had been started against three 'unknown' accused persons under Section 394 I.P.C. During investigation, Sections 364/302/201/120B and 412 I.P.C. had been added with the offence under Section 394 I.P.C. During investigation it revealed that the present Appellant Durga Hazra along with two other accused persons namely, Palash Sain and Subhas Bose, alias Bapi, committed the aforesaid offences and accordingly charge sheet under Section 364/394/302/201/120B/411 I.P.C. had been started against all the aforesaid three accused persons.;