Joymalya Bagchi, J. - (1.) The conviction is recorded against the appellants for commission of offence punishable under Section 395 of the Indian Penal Code and they have been sentenced to suffer rigorous imprisonment for nine years and to pay a fine of Rs.5000/- each in default to suffer rigorous imprisonment for two months more.
(2.) Prosecution case as alleged against the appellants is to the effect that the family of Rajesh Kumar Newar, PW 3 was engaged in the business of iron which was carried on under the name and style M/s. Sree Ganesh Steel Industry from its office at 40/3 Strand Road, Kolkata. They used to purchase iron in auction sales and made payments through Account Payee Cheques or by Pay Order. On 18-01-1995 they had to pay a sum of Rs.17 lakh for purchase of iron to ISCO and TISCO. In the morning of that day, he along with his father, PW 5 and his mother PW 7 went to Salt Lake to meet his ailing grandmother. Keeping his parents there, he proceeded to New Alipore Branch, Andhra Bank in his Maruti Car driven by his driver, Brinda Singh, PW 6 for withdrawing the said cash. At the bank, he presented four cheques for encashment and withdrew Rs.17 lakh in various denominations of Rs.500, Rs.10 and Rs.50 respectively for preparing a Pay Order in order to make payments to ISCO and TISCO, as aforesaid. As there was delay he could not prepare the Pay Order. He took the entire money in a dark gray attache case and reached his office. In the meantime, his farther and mother came to the office in a car belonging to his maternal uncle around 8.30 PM. He put the aforesaid money in two brief cases i.e. Rs.15 lakh in one dark gray colour brief case and remaining Rs.2 lakh in another brief case of chocolate colour and both the brief cases were kept in the diciy of his Maruti car. Thereafter, they proceeded towards Tollygunge Circular Road via Strand Road. When they crossed the office of Shipping Corporation of India on Ambassador Car of blue colour came in front of their car and 5/6 youths, aged between 25 to 27 years got down from the said Ambassador car surrounded their car and started striking at the glass panes of the car with bhojalies. As a result, the glass of the rear window as well as other windows were broken and one of them assaulted his driver, Binder Singh on his hands and as a result the latter suffered bleeding injuries. Thereafter, the youths took away the two brief cases, loaded them into their car and proceeded to Babu Ghat in the Ambassador bearing No. WMB 8500. They raised alarm but could not catch the miscreants. They went to North Port Police Station and narrated the incident but there they were referred to Hare Street P.S. When they reached Hare Street Police Station, they met another driver, PW 4, who disclosed his name as Laxhman Mondal and reported that few minutes ago some dacoits had snatched away his Ambassador car bearing No. WMB 8500 from Strand Road. On the complaint lodged by PW 3, FIR was registered and investigation commenced. In the course of investigation, accused persons were arrested and money had also recovered from their possession and they were identified by PWs. 3, 5, 6 and 7 in TI Parade. Charge sheet was filed against the accused person and they were put up for trial upon charges being framed under Sections 395 and 397 of the Indian Penal Code.
(3.) The accused persons pleaded not guilty and claimed to be tried.;