Malay Marut Banerjee, J. - (1.) ALL the three (3) appellants here were found guilty of offences punishable Under Section 120B and Section 395 read with Section 397, Indian Penal Code as also under Section 412 of the Indian Penal Code by the Additional Sessions Judge, First Court, Paschim Medinipure in Sessions Trial No. XXXIII(A)/May/2006. They were sentenced to suffer imprisonment for life on their conviction Under Section 120B and Section 395 read with Section 397, Indian Penal Code and further sentenced to imprisonment for life on their conviction under Section 412 of Indian Penal Code.
(2.) BEFORE adverting to the arguments of the Learned Counsels for the appellants and of the State it would be appropriate to have a glance at the prosecution case as propounded in the First Information Report (Exhibit -I). The formal F.I.R. was drawn up on the basis of a written complaint lodged by Subhas Nath (PW -1) at Jhargram G.R.P.S. According to the F.I.R., he is the state manager of Writers' Safe -guard Private Limited, a company engaged in carrying cash and valuable and management of ATMs of different Banks. It is in the written complaint that on 8th July, 2005 on prior intimation of H.D.F.C. Bank a Cash -in -transit (C.I.T.) from Kolkata to Jamshedpur H.D.F.C Branch was organised. One Ajoy Debnath was detailed to be the In -charge of the C.I.T. Rupees ninety nine lakhs (Rs. 99,00000/ -) was handed over to him. He boarded Gitanjali Express with two (2) Escorts at Howrah Station for going over to Jamshedpur but in course of the journey between 4.20 p.m. to 4.35 p.m. one Mr. D. Mondal Senior Co -ordinator informed him that a call has come from a Mobile that the cash has been looted near Kharagpur Station. He, therefore, lodged the F.I.R. As already indicated hereinabove the appellants having suffered judgment and order of conviction and sentence have preferred this appeal.
(3.) IT would be our endeavour to see whether the judgment and sentence impugned against can be sustained.;