Indrajit Chatterjee, J. - (1.) THIS Court is hearing this appeal as against the judgement and order of conviction passed by the learned Additional Sessions Judge, 2nd Court at Howrah in Sessions Trial No. 155 of 2011 arising out of Howrah P.S. Case No. 372 of 2010 dated 22 -11 -2010. As per the judgement dated 24 -06 -2013, the learned Court was pleased to held the accused appellant guilty in respect of the offence punishable under Sections 395/397 of the Indian Penal Code and he was convicted under Section 235(1) of Cr.P.C. The co -accused person, namely, Ranjit Kumar Swaraj, was however found not guilty. Other two co -accused persons, namely, Rajesh Thakur and Bachhan Majhi, were also so convicted. On enquiry this court has come to know that the other two convicts preferred not to file any appeal. The present appellant and the co -accused Rajesh Thakur were however acquitted in respect of the charge punishable under Section 412 of the Indian Penal Code.
(2.) THE sentence was passed on 25 -06 -2013 wherein the present appellant along with two other convicts were sentenced to suffer rigorous imprisonment for seven years each and they were also directed to pay fine of Rs. 5000/ -each, in default, to suffer Simple Imprisonment for one year. They were ordered to get set off. The appellant was however acquitted in respect of the charge punishable under Section 412 of the Indian Penal Code. The fact before the trial court, which is relevant for the purpose of adjudication of the appeal, may be summarized thus: "That the incident took place at Kanak Service Station (one Petrol Pump) at about 1.15 hours located at Howrah Maidan near Howrah District Library and Church Road (as per the sketch map). The F.I.R. was lodged by one Kamal Deo Roy (P.W.1), who lodged the F.I.R. with the Inspector -in -Charge, Howrah Police Station on 22 -11 -2010 and that was received by the said Police Station at about 3.05 hours and Howrah P.S. Case No. 372 dated 22 -11 -2010 was registered under Sections 395/397 of the I.P.C. and subsequently, Section 412 of the I.P.C. was added. In the F.I.R. it was disclosed that at the time of the incident, i.e. at a dead hours of night, one lorry came to the petrol pump to fill fuel. One employee (Nandu Roy) of the Petrol Pump was on duty and when that Nandu Roy was about to enter into the office of the petrol pump, suddenly 5 or 6 miscreants entered into the office with Bhojali and fire arms and they battered both P.W.1 and Nandu Roy by such weapons. They also broke open the locker and took away money, cash memo, two mobile phones having mobile connection No. 9062315714 and 9771164991 with a black bag and took away cash worth Rs. 3,10,000/ -. It was disclosed in the F.I.R. that the age group of these 5 or 6 miscreants was in between 25 to 35 years."
(3.) AFTER registration of this case, the case was at first investigated by S.I.S. Pakhira and thereafter on his transfer investigation was taken up by S.I., Uttam Kumar Chatterjee, respectively examined as P.Ws.14 and 16.;