JUDGMENT

P.Sathasivam,J.

1) This appeal is filed against the final judgment and order dated09.04.2008 passed by the Division Bench of the High Court at Calcutta in C.R.A. No. 81 of 2006 whereby the High Court dismissed the appeal preferred by the appellant herein by confirming his conviction and sentence passed by the Court of 1st Additional Sessions Judge, Alipore dated 19/20.12.2005 in Sessions Trial No. 1(2) of 2000 for the offence punishable under Sections395/397 of the Indian Penal Code, 1860 (in short ‘IPC’), Section 25 (1a)(b) of the Arms Act, 1959 and Sections 3 and 5 of the Explosive Substances Act, 1908.

2) Brief facts:

(a) As per the prosecution case, on 07.12.1998, at about 13:15 hours, theaccused persons, viz., Rajendra Sharma, Sk. Muktar @ Dabbu, Sarban Singhand 2/3 others, armed with revolvers, khojali, bombs etc., committed dacoity in gold jewellery workshops at Gopal Bose Lane and looted goldornaments weighing about 1820 grams approx. and fled away in two taxis.

(b) With regard to the above incident, a written FIR being No. 234 dated07.12.1998 was registered by Arun Hazra (PW-3) at P.S. Cossipore under Sections 395/397 IPC and Sections 25/27 of the Arms Act, 1959 read w