- (1.) THIS appeal is directed against the judgment and order of conviction dated 29-4-2004 and order of sentence dated 30-4-2004 passed by the learned Sessions Judge, 10th Bench, city Sessions Court, Calcutta in Sessions trial No. 2 (9) of 2003 arising out of Sessions case No. 93 of 2002 convicting the appellants under Sections 392/394 of I. P. C. and sentencing them to suffer rigorous imprisonment for ten years as also to pay fine rs. 1,000/- each, in default, to suffer further simple imprisonment for a period of six months each for both the offences punishable under Sections 392/394 of I. P. C.
(2.) THE sentences awarded to the appellants were ordered to run concurrently.
(3.) THE facts and circumstances of the case briefly stated are as follows :- The informant Bijoy Gupta (P. W. 1), a broker by profession on 14-6-2002 at about 16. 30 hours boarded into a bus of route No. 12c/ 1a from Khidirpur after collecting payment through account payee cheques. When the bus moving along Khidirpur Road came near 'sangam Gate', four persons surrounded him inside the bus and one of them asked him in a low voice to give them everything whatever he had. When he was hesitating, one of those four persons hit on his left shoulder with the 'butt' of a revolver. They snatched away from him one black colour reckshin bag which was hanging on his shoulder. Inside that bag there were two cheques of Central Bank, samples of pulses of different qualities and some essential papers. Out of the fear, Shri Gupta gave them his mobile phone bearing No. 9831051943 and the money bag. None of the passengers of the said bus came forward to help him out of fear. The miscreants got down from the bus at J. K. Island after committing the robbery. After they got down, Shri Gupta started shouting for help and the conductor of the bus stopped the bus at some distance. Shri Gupta got down from the bus and chased the miscreants shouting 'pakrao Pakrao'. Hearing his shout some pedestrians chased the miscreants and at that time some police personnel also chased them. The police and the pedestrians caught the present two appellants, namely, Rahamat Khan alias Badal Khan and Nazrul Molla and before that they were manhandled by chasing mob. Immediately on search, the snatched bag with cheques, purse etc. were recovered from their possession while other two miscreants managed to flee away with the mobile phone and firearms. On the spot the police recorded the statement of Shri Gupta and the same had been treated as F. I. R. in this case on the basis of which Maidan P. S. Case No. 6, dated 14-6-2002 was started. Subsequently, the case was transferred to Anti-Dacoity and robbery Section, Detective Department, lalbazar. After completion of investigation, the investigating agency submitted charge-sheet against the appellants under Sections 394/397 of I. P. C. and under Sections 25/27 of Arms Act. ;