- (1.) This appeal is directed against a judgment and order of conviction dated March 13, 2012 and sentence dated March 16, 2012 passed in Sessions Trial No.06 of 2009 arising out of Sessions Case No.161 of 2008 by the learned Additional Sessions Judge, Fast Track 1st Court, Hooghly. By virtue of the impugned judgment the accused Nasir Sk, Babu @ Subhas Goswami, Babai Naskar, Bubai Haldar (appellant No.1) and Sunny Goswami (appellant No.2) were convicted for commission of offence under Sections 395 and 412 of I.P.C. The appellant no.2 was also convicted for commission of offence under Section 25 (1) (b) of Arms Act. By virtue of the impugned sentence the accused, Nasir Sk, Babai Naskar, Sunny Goswami (appellant no.2), Babu @ Subhas Goswami, and Bubai Haldar (appellant no.1) were sentenced to suffer rigorous imprisonment for ten years each and pay fine of Rs.10000/- each and in default to suffer rigorous imprisonment for further period of six months each for commission of offence punishable under Section 395 of I.P.C.
(2.) By virtue of the impugned sentence the above named accused were also sentenced to suffer further rigorous imprisonment for ten years and to pay fine of Rs.10000/- each, in default to suffer further rigorous imprisonment for six months each for commission of offence under 412 of I.P.C. Sunny Goswami (appellant no.2), was also sentenced to suffer simple imprisonment for two years and to pay fine of Rs.2000/-, in default to suffer simple imprisonment for one month for commission of offence under Section 25 (1) (b) of Arms Act.
(3.) All sentences were directed to run concurrently. The period of detention, if any during the investigation and trial was directed to be set off under the provisions of Section 428 of Cr.P.C.;