- (1.) These instant appeals are directed against the Judgment and Order of conviction passed in Sessions Trial being No. 1 (9) 1999 and Sessions Case being No. 43 of 1998 passed by the learned Additional Sessions Judge, Fast Track Court-IX, Bichar Bhawan, Calcutta on 19th May, 2006 holding the accused persons/appellants guilty of offence punishable under Section 396 of the Indian Penal Code and sentenced to suffer imprisonment for life and also to pay fine of Rs.1,000/ each in default to suffer imprisonment for one month. The convicts namely, Akhtar Ali and Karan Sinha are convicted and sentenced to rigorous imprisonment for a term of one year and also to pay fine of Rs.1,000/- each in default to suffer imprisonment for further period of one month for committing offence punishable under Section 25(1B) (a) of the Arms Act. The convict Karan Sinha is further sentenced to rigorous imprisonment for three years and also to pay fine of Rs.1,000/- in default to suffer imprisonment for further period of one month for committing offence under Section 27 of the Arms Act.
(2.) Put in a short frame, the prosecution case runs as under:- On 28.03.2005 one Debesh Chakraborty , aged about 58 years lodged a complaint in Muchipara Police Station to the effect that on 02.04.1998 around 12 noon when he was on duty in Central Bank of India (Bowbazar Branch) as security guard at the gate of the said bank he heard the sound of a shot and immediately became alert and he saw that a man came running to the bank gate and behind him 4/5 men came to the gate of the bank on the first floor and the first man grasped the collapsible gate but those 4/5 miscreants snatched a bag away from him and went down and that man fell in a bloodied state in front of the gate. He immediately shouted and warned everybody and switched on the siren of the bank. In those circumstances he could hear that there was an uproar below. Meanwhile some people (local) came and took away the wounded man and he recognized him. That man would frequently come to their bank for money transaction. His name is Gopal Tewari. The siren went on wailing and he saw out of the window below that one person is chasing the miscreants and shouting "dacoit, dacoit". He immediately entered the manager's chamber and told the manager Sri Sumit Kumar Banerjee about the incident and the manager rang up the police and informed them. In the meantime he heard that a dacoit named Akhtar Ali @ Mohammed Wakil has been caught with a revolver and the bag with the looted cash. S.I Sadhan Das recorded the statement of Debesh Chakraborty, and treated the same as F.I.R of this case. Thereafter, S.I. Sadhan Das started investigation. Subsequently, S.I. M.K. Das of Detective Department, Kolkata Police came to Muchipara P.S. and informed S.I Sadhan Das that the said case had been taken over by the Anti Dacoity and Robbery Section, DD Kolkata Police, Lalbazar. Accordingly, he handed over the case diary to S.I. M.K. Das for further investigation of the case. During investigation S.I. M.K. Das arrested the accused persons and made seizure list , drew sketch map of the area and after completion of the investigation he submitted charge sheet against all the accused persons under Section 396 of the Indian Penal Code and 25 (1B) 9(a)/27 of the Arms Act on 23.06.1998 in the Court of the Ld. CMM, Calcutta. Thereafter trial started and after completion of trial the learned Additional Sessions Judge, Fast Track Court-IX convicted the appellants as aforesaid.
(3.) P.W.1 was Assistant Sub Inspector of the police and plan maker.;