Joymalya Bagchi, J. - (1.) Appeals are directed against the judgment and order dated 31.08.2016 and 02.09.2016 passed by the learned Additional District and Session Judge, First Court, Tamluk, Purba Medinipur in Sessions Case No. 233(04)2013 corresponding to Sessions Trial No. 01(05)14 convicting the appellants for commission of offence punishable under Sections 395 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years each, in default, to suffer simple imprisonment for six months more.
(2.) The prosecution case, as alleged, against the appellants is to the effect that on 07.01.2013 at about 6.40 a.m. Subash Khatuya (P.W. 17) was driving a lorry bearing No.WB 29A 5124 being accompanied with his helper Gurupada Bera (P.W.1) and one Sk. Bablu (P.W.2), representative of businessmen who had hired them to transport human hair to Shalimar, Howrah. At about 7.15 a.m. two vehicles, one white coloured and another sky-blue coloured Maruti car intercepted the lorry and 6-7 miscreants alighted from the said vehicles. They physically assaulted Subash and his helper Gorupada and dragged them inside the white coloured vehicle while Bablu was dragged inside the Suzuki car. Thereafter, they were drived to Lodhasuli jungle where the miscreants left them tied by ropes to standing trees. Somehow they escaped and went to Lodhasuli P.S. Thereafter, they went to Tamluk P.S. where first information report was registered by Subhas resulting in institution of the present case.
(3.) In the course of investigation the appellants were arrested and were identified by P.Ws. 1, 2 and 17 during T.I. Parade examination. On 13.01.2013, 22 bags of human hair were recovered from a vehicle bearing no. WB 33-B 4782 driven by Sk. Khaibar and 33 bags of human hair were subsequently seized on the leading statement of Sk. Khaibar. The seized articles appear to have been handed over to the custody of P.W.s 6 and 7 who claimed to be its owner.;