Alok Kumar Basu, J. - (1.) The sole appellant, Md. Rafique alias Chachu, preferred this appeal from jail being convicted both under Section 302 and under Section 398 of the I. P. C. by the learned Additional Sessions Judge, Alipore in connection with Sessions Trial No. 6(1) of 1997.
(2.) The prosecution case in brief was that on 1st August, 1996 at about 11.40 in the night, the present appellant along with others came in a white ambassador car having fake number-plate in front of the grocery shop under the name and style 'Prabhat Stores' situated at 7/1, Bampass Road, Calcutta -29.
(3.) The persons who came in the ambassador car were armed with weapons like pistol, nepala, etc. and they entered into the grocery shop and demanded the key of the cash-box from the proprietor of the shop, namely, Gulab Mehata.;