- (1.) This appeal has been preferred against the judgment, order of conviction and sentence dated April 23, 2014 and April 24, 2014 respectively passed in S.T. Case No. 55 of 2009 arising out of S. C. case No. 221 of 2009 by which the learned Additional Sessions Judge, Fast Track, 1st Court, Hooghly has convicted the appellants for commission of the offence punishable U/s 395/397 I.P.C. and sentenced them to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 5000/- each in default to suffer simple imprisonment for one year for the offence U/s 395 IPC and to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 2500/- each in default to suffer simple imprisonment for six months for the offence U/s 397 IPC with a direction that both the sentences shall run concurrently and the period of detention undergone to be set off under the provisions of section 428 Cr.P.C.
(2.) The facts and circumstances giving rise to this appeal are : On April 17, 2009 P.W.2, Suraj Yadav, driver of lorry No. WML 2052 and P.W.4, Monoj Kr. Paswan, Khalasi of that lorry, loaded about eleven tons (11 tons 280 kgs.) of S.R.M.B. TMT bar from the godown of V.S. Ispat Company of Dugapur and proceeded towards Kolkata. On the way at about 2.30 hours (April 18, 2009) they halted for taking meal at R.K.T.C. Hotel.
(3.) After taking meal they came back and when P.W.2 was about to start the lorry, suddenly six persons aged about 25 years taking dagger in their hands got into the said lorry from both sides and began to beat them and showing dagger asked P.W.2 to proceed towards Dankuni. P.W.4 managed to flee away by jumping from the lorry and went to the petrol pump which was on the other side of the road and requested them to make a phone call to the police station. Accordingly employee of the petrol pump made a call to the P.S. and gave P.W.4 the phone number of the P.S. P.W.4 also made a call to the P.S. with his mobile phone and informed the incident of hijacking the lorry loaded with TMT Bar and requested the P.S. to take action immediately. Thereafter, on the same day P.W.4 went to the Dadpur P.S. and made verbal complaint there which was reduced into writing by P.W.5. On the basis of the above complaint a case was started at Dadpur P.S. against six unknown miscreants and the investigation ensued and on completion of investigation charge sheet was submitted against the appellants U/s 395/397/412 IPC. Charges were framed U/s 395/397/412 IPC against the appellants on August 31, 2009 and when they pleaded not guilty to their involvement in the crime they were put to trial. Prosecution examined 9 witnesses including the driver, khalasi of the vehicle in question, employee of the petrol pump, an employee of R.K.T.C. hotel, the police officers, doctor and the I.O. and also produced and proved the FIR, seizure lists, rough sketch map with index, injury reports etc. (Exts. 1 to 8) and one money bag, driving license, notebook, one knife, two mobile phones, currency notes etc. (Mat. Exts. I to III). Thereafter, on completion of trial and after examination of the appellants U/s 313 Cr.P.C. learned court below passed the impugned judgment.;