SAMAPTI CHATTERJEE, J. - (1.) THE appellants preferred the instant appeals assailing the Judgment and Order of conviction passed in Sessions Trial No. 02 (04)09 and Sessions Case No.03(04)08 by the 1st Fast Track Court of Additional Sessions Judge, Sealdah, 24 -Parganas (South) on 23rd day of December, 2010 convicting the appellants/petitioners under Sections 392/34 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs.5000/ - and in default of payment thereof to further undergo Rigorous Imprisonment for 6 months for the commission of offence . Each of them are also directed to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs.5000/ - and in default of payment thereof to further undergo Rigorous Imprisonment for 6 months for the commission of offence u/s 397/34 of the Indian Penal Code. The accused Mithu Thakur only is directed to undergo Rigorous Imprisonment for 3 years and to pay a fine of Rs.3000/ - and in default of payment therof to further undergo Rigorous Imprisonment for 3 months for the commission of offence u/s 25 (IB) (a) of the Arms Act.
(2.) THE case made out by the prosecution may be summed up thus: On the date of incident being 04.10.06 in the evening at 7.00 P.M Mithun Das went to the Office of Joy Singh Babu at No.11 Cossipore Road at Joy Enterprise in order to collect money and was returning back along with Rs.30,000/ - and when he reached nearby Chitpore bridge these accused persons gheraoed him for the purpose of committing robbery. Seeing these accused persons he tried to flee away from that place but these accused persons chased him and looted the amount of Rs.30,000/ -. He thereafter informed the incident to the owner of petrol pump namely Goutam Ghosh and one FIR was lodged before the Chitpore P.S. W hen Oral Complaint was lodged before the Officer on duty, he reduced the same into writing and accordingly the Officer -in -Charge, Chitpore PS started Chitpore PS Case No.146 dated 05.10.06 u/s 392/397/34 of the Indian Penal Code and 25 (1B) (a) Arms Act. Investigation was started and in course of investigation these accused persons were arrested. After detention for few days they were enlarged on bail. After competition of investigation, police submitted charge sheet in this case against these 3 accused persons. Accordingly trial started and after completion of trial Learned Additional Sessions Judge convicted them as aforesaid.
(3.) IN course of trial, the prosecution examined as many as 9 witnesses. P.W.1 is witness of the seizure list who in his evidence deposed that the police obtained his signature on white blank paper at police station.;