Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 08/09.03.2017 passed by the learned Sessions Judge, Purba Medinipur, in Sessions Trial No. 04(1) of 2016 convicting the appellants for commission of offence punishable under sections 395/397 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life with fine of Rs.5,000/- each, in default, to suffer imprisonment for one year each for the offence publishable under section 395 of the Indian Penal Code and to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 2,000/- each, in default, to suffer further rigorous imprisonment for three months each for the offence punishable under section 397 of the Indian Penal Code with further direction that both the sentences shall run concurrently.
(2.) The prosecution case, as alleged, against the appellants is to the effect that on 13.07.2015 at around 1.30 a.m. in the night Bharat Chandra Samanta, P.W. 1, along with others had hired a TATA Maxi vehicle, which is commonly referred to as "Chhota Hati" bearing no. WB 29A/7592 from Khanchi to Gorbeta to purchase vegetables for sale at Khanchi market. They stopped at Irkha Petrol Pump to fuel the vehicle. After fueling the vehicle when they reached the main road a car bearing no. WB 34AL/0760 with unknown miscreants stopped their vehicle. The miscreants threatened P.W. 1 and others with fire arms and other weapons and snatched Rs. 50,000-60,000/- from them. Thereafter, they fled away. Purnendu (PW 2) and Babulal, who were with PW 1 in the vehicle, were injured and admitted at Tamluk Hospital. After initial treatment Babulal was released but Purnendu was shifted to RRB Nursing Home where he was treated and released after sometime.
(3.) On the complaint of P.W. 1, Nandakumar P.S. Case No. 327 dated 13.07.2015 under sections 395/397 of the Indian Penal Code and sections 25/27 of the Arms Act was registered for investigation. The appellants were arrested and were identified by P.W. 2 in the Test Identification Parade (for short 'T.I. Parade').;