- (1.) This appeal arose out of judgment and order of conviction dated 21.5.2013 and 23.5.2013 passed by learned Additional Sessions Judge, Birbhum, Rampurhat in Sessions Case No. 115 of 2011 thereby convicting the appellant for commission of offence under Section 412 of the Indian Penal Code, for six years.
(2.) The background of this appeal, in a nutshell is as follows : On 13.12.2010 around 1 A.M. the de-facto complainant and one Kanu Konai the worker of Bhagabati Stone Industries were performing their duties as night-guard at the said Industry under the ownership of Damodarlal Maheswari. The de-facto complainant was a Gang-man in the said Industry. While they were performing their duties, a white pickup vehicle stopped outside the said establishment and one unknown person got down from the said pickup vehicle and wanted to drink water. Thereafter two/three other persons also got down from the said vehicle. They suddenly caught the de-facto complainant and snatched his gun being No. SBBL-12 Bore Gun No. 30659 and tied his hands back sides and Kanu Konai in the same manner was confined by them in a room. The said miscreants took away 25 pieces of jaw (danta), 20 pieces of bearing, one inverter battery, one old 10 Horsepower motor and some other articles and loaded it in the said pickup van. Thereafter the said miscreants fled away with the said articles along with the gun of the de-facto complainant, causing loss of Rs. 2,50,000/- to Rs. 3,00,000/- to the owner. After the departure of the miscreants, the complainant and his companion managed to free themselves and informed about dacoity to the owner of the stone crusher. A complaint was lodged with the Officer-in-Charge of Nalhati Police Station Case No. 207 of 2010 dated 13.12.2010 under Section 394 of the Indian Penal Code was started.
(3.) After investigation, police submitted charge sheet under Section 394/412 of the Indian Penal Code against the accused persons.;