Md. Mumtaz Khan, J. - (1.) This appeal has been preferred by the appellants assailing the judgment and order of conviction and sentence dated October 17, 2006 & October 18, 2006 respectively passed by the Ld. Additional District and Sessions Judge, Fast Track, 3rd Court Rampurhat, Birbhum in Session Trial No. 6(6)/06 (TR No. 20/06) arising out of Sessions Case No. 101/2005. By virtue of the impugned judgment appellants have been convicted and sentenced to suffer rigorous imprisonment for life with fine of Rs. 5,000/ - each in default to suffer rigorous imprisonment for a further period of 6 month each for the offence punishable under Sec. 394 Indian Penal Code (hereinafter referred to as IPC) while the remaining two accused persons namely Rahatul Sk. and Kabir Khan have been acquitted from the charge punishable under Sec. 396 IPC.
(2.) The prosecution case, in brief is as follows: - On November 12, 2004, P.W. 1, Lutfal Haque along with his 9 co -villagers and others in all 17 came from Asansol by a train and got down at Murarai railway station. As no vehicle was available for returning to their home they hired one 407 model truck bearing No. WB -574524, then just at that time 04 other unknown persons also got into that truck along with them. The said truck then proceeded towards Omarpur and at about 11.35 in the night after crossing Mitrapur, the said truck suddenly stopped at the border/juncture of Bhirbhum and Murshidabad. Thereafter 3 miscreants who were on the back side of the vehicle having pistol and chhora with them while threatening them snatched away Rs. 11,200/ - from P.W. 1, Rs. 8,500/ - from his second elder brother Hukumat Sk. and Rs. 2,900/ - from his elder brother Rahamat Sk. and from other co -passengers. When P.W. 1's second elder brother Hukumat Sk., resisted then one of them struck him by a sharp cutting weapon in his stomach causing severe bleeding injuries and thereafter those 3 miscreants who were on the back side the lorry and one miscreant who was in the front side of the lorry fled away towards Mitrapur. Miscreants were wearing pant shirt and amongst them two were of fair complexion while other two were of dark complexion and were aged about 25 and 35 years and were talking in Bengali. After the miscreants left they took the injured to Jangipur sub -divisional hospital where he was declared brought dead. A complaint was then lodged on November 13, 2004 at 06.05 hours by P.W. 1 before the officer -in -charge Murarai P.S., Birbhum.
(3.) On the basis of the above complaint, P.W. 12 started Murarai P.S. Case No. 93/04 dated 13.11.2004 under Sec. 394/302 IPC against 04 unknown miscreants and he himself took up investigation of this case and on completion of the same submitted charge -sheet being No. 40/05 dated May 12, 2005 against the appellants and 3 others namely Rahatul Sk., Kabir Khan and Rahim Sk. under Sec. 396 IPC. In the meantime accused Rahim Sk. absconded, as such case was filed against him on September 9, 2005 and proceeded against the rests.;