Kishore Kumar Prasad, J.

These two appeals arise out of a common judgment and order of conviction dated. 11.11.2005 passed by the learned Additional Sessions Judge, First Court, Howrah in Sessions Trial Case No. 268 of 2003 convicting the two appellants herein for the offences punishable under Sections 392/411 of Indian Penal Code.

The appellants were heard on question of sentence on 21.11.2005 and thereafter by an order passed on the same day i.e., on 21.11.2005, they were sentenced to suffer Rigorous Imprisonment for ten years for the offence punishable under Section 392 of Indian Penal Code. They were also sentenced to suffer Rigorous Imprisonment for three years for the offence punishable under Section 411 of Indian Penal Code. The sentences awarded to the appellants were ordered to run concurrently.

Having regard to the economic condition of the appellants, the learned Trial Court did not impose any fine against the appellants for the offences punishable under Section 392/411 of Indian Penal Code. Being aggrieved by the orders of conviction and sentence passed by the learned Trial Judge, the appellants have preferred the present appeals separately.

The prosecution version as unfolded during trial in a nutshell is as follows:-

In the afternoon at about 13.50 hours on 31.12.2002 a daring robbery was committed at Boalior Branch of Howrah Gramin Bank within the limits of Uluberia P.S. The robbers are said to be four in number. Out of them, two armed with fire arms and one armed with Bhojali entered into the bank and forced the employees and others to go inside the bathroom of the bank by pointing fire arms and Bhojali towards them. It is alleged that the robbers looted away Rs. 2,00,000/- (2 lakhs) from the vault and Rs. 1,67,675/-from the cash cage of the bank. The currency notes of the denomination of Rs. 100 which were looted from the vault had chits affixed to the bundles which carried the signature of the Branch Manager and Cashier of the Bank respectively with the seal of the Bank.

Information reached the police and they arrived at the spot. The First Information Report was lodged by P.W.1, the Manager of the Bank at about 15.45 hours and on the basis of the same a case was registered at Uluberia P.S. under Section 392 of Indian Penal Code and 25/27 of the Arms Act.

After taking up the investigation, the Investigating Officer visited the place of occurrence, seized the material objects from the Bank, examined the witnesses, inspected the records of the Bank to verify the claim, arrested the appellants and recovered currency notes amounting to Rs. 80,000/-along with fire arms loaded with ammunition, one motor cycle, wearing apparels etc by preparing several seizure lists pursuant to the statement of the appellants. The appellants and the currency notes recovered from their possession were also placed in Test Identification Parade in course of investigation. After completion of the investigation, the appellants were charge sheeted and put on trial after committal of the case to the Court of Sessions.

In the Trial Court, the prosecution examined as may as 30 witnesses. Apart from leading oral evidence, the prosecution also tendered and proved a large numbers of exhibits which were marked as exhibit 1 to 26 and Mat exhibit I to XIII.

Though the appellants were examined under Section 313 Code of Criminal Procedure, yet there was no adduction of evidence by them. The defence version was denial of the prosecution case as brought out in evidence.

The learned Trial Court after considering the oral and documentary evidence on record and hearing the learned counsel for the parties passed order of conviction and sentences as stated hereinabove. Mr. Jayanta Narayan Chatterjee, learned counsel appearing for the appellant Sk. Eklash and Mr. Subir Ganguly, learned counsel for the appellant Hamidullah Kazi @ Hamid (appointed vide order dated 26.3.2010 of this Court) fairly submitted that in view of the evidence adduced