RAJARSHI BHARADWAJ,J. - (1.) This appeal arose out of a judgement and order dated 30th March, 2009 passed by the learned Additional Sessions Judge, Sealdah, South 24-Parganas in Sessions Trial no. 5(2)07 convicting the appellants for commission of offence punishable under Section 392 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 5 years each and to pay a fine of Rs. 5,000/- each; in default to suffer simple imprisonment for one month each.
(2.) The prosecution case in brief is that on 26th September, 2006 one Shyamlal Agarwal lodged a complaint before Beniapukur Police Station alleging that he went to his oil mill situated at 13, Tiljala Lane from his house by a scooter at about 11.15 a.m. and after remaining there about 15/20 minutes, he left the place around 11.30 a.m. collecting Rs. 2,03,300/- in cash kept in two brown coloured paper packets which contained the stamp of his company namely "Sri Shyam Enterprise". Rs. 1,50,000/- was in one packet (3 bundles of Rs. 500/- denomination) and Rs. 53,300/- (4 bundles of Rs. 100/-, 2 bundles of Rs. 50/-, 1 bundle of 66 pieces of Rs. 50/- denomination) was in another packet, which were kept inside the dickey of his scooter and then left his oil mill and proceeded towards Posta office through Mayfair Road, Amir Ali Avenue and so on. While he entered Amir Ali Avenue, he took left turn and found three persons riding in a motor bike trying to obstruct him. One of the riders asked him to stop otherwise they would fire. The de facto complainant then took right turn and entered Dilkusha Street and then towards Exhibition Road and thereafter, went to Kimber Street and after crossing Park Street, he entered Orient Row. There was traffic jam and he rode on the footpath but the footpath was closed due to fall of a tree and the miscreants came very close to him and then he left his scooter and ran away. One of the miscreants threatened to fire at him and the other told that the money was in the scooter and third miscreant took the money and went away. In the meantime, he crossed the other side of the road and found one man taking the money from the dickey of the scooter and another man was standing with a revolver and the third man was standing by the side of the bike. When the third man was trying to flee away with the motorcycle, he caught hold of him and as a result, both of them fell down on the road and the motorcycle also fell down. There was a scuffling between them and the victim gave him two blows on his face, but failed to keep him in his grip. The third miscreant fled away towards same direction leaving behind the motorcycle. Two miscreants when fled away on seeing him took away the entire money. Local people chased them but in vain. Later on police arrived there, examined him and recorded his statement. They took charge of the motorcycle, which contained several scratch marks.
(3.) On the basis of the said complaint, a criminal case, being Beniapukur Police Station Case No. 200 of 2007 under Section 392/397 of the Indian Penal Code read with 25(1B)(a)/27 of the Arms Act was started against three accused persons and after investigation, charge sheet was submitted against two accused persons, namely Abdul Rashid and Md. Osman, who pleaded not guilty and claimed to be tried.;