- (1.) THE appellant preferred this appeal being aggrieved with the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 8th Court, Alipore on 30th August, 2006 in S. T. No. 3 (4) of 2003 whereby conviction was recorded under Section 392/397, and sentence for R. I. of seven years was awarded on account of the charge under Section 397, and R. I. for one year and half for the offence under Section 392/34 IPC with payment of fine of sentences would run concurrently subject to set off under Section 428 of the IPC.
(2.) P. W. 3, Harendra Nath Mishra and P. W. 4, Sanjit Kumar Thakur were proceeding by a scooter of P. W. 3 at about 9-55 a. m. on 19th September, 2002 along Taratala Road. At about 10-15 hrs. when they came at a place in between M/s. Stone India and Britania a taxi bearing no. WB-19a/7716 overtook their scooter and cornered them, thus compelling them to get the scooter stationery whereupon two miscreants came out from the taxi and one of them held out revolver and then they snatched away P. W. 3's briefcase and a mobile phone and then they decamped by that taxi. There was another occupant inside the taxi and also the driver who did not come out. P. W. 3 and P. W. 4 tried to trace out the taxi but in vain.
(3.) THIS was the FIR lodged by P. W. 3 with Taratala Police Station at about 1230 hrs. on 19th of September, 2001 which registered P. S. Case No. 147 dated 19th September, 2001 under Section 392/397/25 (1b) ---- (a)/27 Arms Act. During investigation charge sheet was submitted against Akhilesh Kumar Gupta, Uma Sankar Gupta, Parvez Alam @ Nausad and Aftab Alam Khan @ Guddu under the aforesaid sections of the law.;