MD.MUMTAZ KHAN,J. - (1.) The subject matter of challenge in these appeals are the judgment, order of conviction and sentence dated May 20, 2005 and May 21, 2005 respectively passed by the Ld. Additional Sessions Judge, Fast Track, 3rd Court, Diamond Harbour, South 24 Paraganas in S.T. No. 12(5)/2004 arising out of SC No. 65(4)/2004 (GR No. 120/04). By virtue of the impugned judgment appellants Jafarulla Laskar (appellant in CRA No.410 of 2005), Abu Kalam Sk & Abu Hossain Sk @ Bhaju (appellants in CRA No.418 of 2005) and Barhan Mondal (appellant in CRA No.611 of 2005) were convicted for commissioning of the offence punishable under Section 412 of the Indian Penal Code (hereinafter referred to as I.P.C.) and were sentenced to suffer rigorous imprisonment for 10 years each and also to pay a fine of Rs. 2,000/ - each in default to suffer simple imprisonment for six months each though they were acquitted from the charges punishable under Section 395/397 of the Indian Penal Code. Other 3 accused persons who also face trial along with the appellants were acquitted from the charges punishable under Section 395/397/412 I.P.C.
(2.) The case of the prosecution, as emanating from the statement of P.W.1 recorded by P.W.24, is that on January 31, 2004 at about 12 O'clock in the night while P.W.1 along with his relatives and friends were returning from Yaarpur village after completing the wedding celebration of his son Bubun by a bus bearing No. WBR -4864 through the Sirakol - Sherpur road, then at about 1.00 a.m. when their bus reached near a saw mill, some armed miscreants stopped their bus by placing timber logs in front of the bus. Thereafter 5/6 miscreants armed with pipe gun, vojali etc. boarded in the bus and by putting the pipe gun on the head of the driver took away money and other documents, which was in his custody. They also took away Rs. 2,000/ - from the possession P.W.1 and his seiko wrist watch and also snatched away wrist watches, money bags, ear rings, finger rings etc. from the bridegroom party namely P.W.6, P.W.8, P.W.9 and others. Besides those miscreants there were others with them who were standing on the road in front of the bus armed with bombs and pistols and as the headlight of the bus were on, so they could be seen clearly. Thereafter dacoits who were standing on the road started shouting saying 'police have come, police have come' and charged a bomb and thereafter they all fled away.
(3.) On the basis of the above statement of P.W.1, forwarded to the Usthi P.S. through the constable 1312 Samit Sarkar, P.W.25 started Usthi P.S. Case No. 17, dated February 1, 2004 under Section 395/397 I.P.C. against unknown miscreants and the case was endorsed to P.W.28 for investigation who then investigate of the case and after completion of investigation submitted charge sheet being No. 60/2004 dated April 5, 2004 under Section 395/397/412 I.P.C. against the appellants and three others namely Azim Molla, Bablu Gazi @ Saifulla and Saquibul Sk. Charges were framed on May 18, 2004 against all the charge sheeted accused persons including the appellants under Section 395/397/412 I.P.C. and after they denied their involvement in the commission of the crime trial commenced. Prosecution examined 28 witnesses and also produced and proved certain documents and thereafter on completion of trial and after examination of the appellants as also the other accused persons under Section 313 Cr.P.C. learned court below passed the impugned order.;