Rongon Mukhopadhyay, J. - (1.) THIS appeal is directed against the judgment and order of conviction and sentence dated 28.6.2007 (sentence delivered on 29.6.2007) passed by Shri Ganpati Tiwari, learned 4th Additional Sessions Judge (F.T.C.), Dumka in Sessions Case No. 57/06/43/06, whereby and whereunder the appellants have been convicted for the offence punishable under Section 395 of the Indian Penal Code and the appellant No. 1 was also convicted for the offence punishable under Section 412 of the Indian Penal Code and both the appellants were sentenced to undergo rigorous imprisonment for seven years for the offence punishable under Section 395 of the Indian Penal Code and the appellant No. 1 was further sentenced to undergo rigorous imprisonment for seven years under Section 412 of the Indian Penal Code and both the sentences so far as the appellant No. 1 is concerned are to run concurrently.
(2.) THE prosecution story, as would appear from the Fardbeyan of Siyaram Sah (P.W. 6) is to the effect that on 15.4.2005 in the night in between 1.45 to 3.15 A.M all of a sudden 8 -10 unknown persons variously armed with Lathi and pistol entered into the courtyard of the informant and assaulted him with Lathi, resulting in his suffering injuries. It is alleged that the brother -in -law of the informant was also assaulted and both the informant and his brother -in -law were tied in a cot. Several persons after breaking the back side door of the house entered into the room and the wife of the informant Sunita Devi (P.W. 1) was assaulted on her denial that amount of Rs. 7 lacs and half K.g. Gold were in the house. Subsequently, it was alleged that all the accused persons by breaking open the lock of the box took away articles, ornaments and cash and after exploding bombs, the unknown dacoits fled away. It has also been alleged that after the villagers came and when the informant went inside the house he found several ornaments, cash, utensils and various articles taken away by the dacoits. Based on the aforesaid allegations Jama P.S. Case No. 32 of 2005 was instituted against 20 unknown accused persons for the offence punishable under Sections 395 and 397 of the Indian Penal Code.
(3.) AFTER conclusion of the investigation, having found the case to be true, police submitted charge -sheet against the accused persons and upon taking cognizance the case was committed to the court of Sessions where charge was framed on 25.5.2006 for the offence punishable under Sections 395, 397 and 412 of the Indian Penal Code which was explained in Hindi to which they pleaded not guilty and claimed to be tried.;