- (1.) THE three appellants, namely Sk. Alauddin @ Ala, Sk. Nasim and asraful Mallick @ Laltu preferred this appeal against the judgment and order dated 26-9-2006 passed by the learned Additional sessions Judge, Fast Track Court No. III at rampurhat in the district of Birbhum whereby the three appellants were sentenced to suffer R. I. for 7 years each with a fine of rs. 5000/- each in default to suffer further r. I. for 6 months each on account of the offence under Section 393 read with Section 34 IPC.
(2.) MR. Uday Sankar Chattarjee appears for the appellant Sk. Alauddin @ Ala, but it appears that Memo of Appeal was filed by three appellants jointly. Though none appears for the other two appellants, submissions of mr. Uday Sankar Chatterjee covers all the three appellants because all the three appellants stand on the same footing and there was not a single submission or argument that can only isolate Sk. Alauddin @ ala from the other two appellants. Accordingly appearance of Mr. Uday Sankar chatterjee covers all the three appellants.
(3.) MR. P. K. Das who was then Branch manager of UCO Bank at Lohapur Branch in the district of Birbhum lodged an FIR with the O. C. Nalhati P. S. on 8th of February, 2006 at 18-25 hours alleging the following incident :-;