Jay Sengupta, J. - (1.) Both these appeals being C.R.A. 149 of 2012 and C.R.A. 197 of 2012 are directed against the judgment and order dated 25thJanuary 2012 passed by the learned Additional Sessions Judge, Fast Track 1stCourt, Burdwan in Session Trial No. 10 of 2001: Session Case No. 56 of 2001, thereby finding the accused Sk.Sukur, Sk.Munna, Sk.Sirajul Haque Mondal and Krishna Bagdi guilty for commission of offences punishable under section 395 of the Penal Code and sentencing them each to suffer rigorous imprisonment for 8 years and to pay a fine of Rs. 10000/- only, in default to suffer further imprisonment for 1 year more and finding the accused Bhagirathi Singh guilty for commission of offences punishable under section 412 of the Penal Code and sentencing him to suffer rigorous imprisonment for 8 years and to pay a fine of Rs. 10000/- only, in default to suffer further imprisonment for 1 year more, while acquitting the other accused Tinku Bagdi from a charge under section 395 of the Code. It appears that the appeal C.R.A. 149 of 2012 has been preferred by the convicts Sk.Sukur, Sk.Munna, Sk.Sirajul Haque Mondal and Krishna Bagdi while C.R.A. 197 of 2012 has been preferred by the convict Bhagirathi Singh.
(2.) On 15thNovember 2011 at about 15.50 hours, the informant Aditya Sikdar, a director of one Kaiser Oil Pvt. Ltd. (PW11) lodged a first information report with the Raina Police Station that on the same day at about 01.30 hours some 30 to 40 dacoits came in a ten wheeler truck and plundered their factory site. They captured the labourers, beat up some of them, kept them confined in rooms and looted away cash, heavy iron and steel machinery, around 30 bags of OCL brand cement and other costly equipment. Some of their people in the meantime could go to the nearby Police Station to verbally intimate about the incident and intimation was also given over telephone.
(3.) Investigation commenced. Subsequently, it was taken over by the CID, DRBT Cell, West Bengal. Witnesses were examined, articles were seized, processes were undertaken to seek information of call records, accused were arrested, some stolen good and the truck involved in the dacoity were purportedly recovered. After completion of investigation, the investigating officer PW27 submitted a charge sheet against the accused Sk.Sukur, Sk.Munna, Sk.Sirajul Haque Mondal, Krishna Bagdi and Tinku Bagdiunder section 395 of the Penal Code and against the accused Bhagirathi Singh under section 412 of the Penal Code.;