The failure to account for possession of stolen goods and the application of Section 114 of the Indian Evidence Act, 1872 were central to the court's decision in establishing the guilt of the appellants.

JOYMALYA BAGCHI, J.

1. Nobody appears for the parties. However, as the appellants have been sentenced to term imprisonment which is about to come to end, we have taken up the appeal for hearing.

2. The appeal is directed against judgment and order of conviction dated 27th April, 2011 passed by the learned Additional Sessions Judge, 1st Court, Bankura in Sessions Trial No. 3(11)2001 arising out Session Case No. 6(7)2001 convicting the appellants punishable under Sections 392 and 412 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/-, in default to suffer simple imprisonment for three months more for the offence under Section 392 of the Indian Penal Code and to suffer rigorous imprisonment for ten years for committing offence punishable under Section 412 of the Indian Penal Code, both the sentences to run concurrently.

3. The prosecution case against the appellants is to the effect that the they along with others committed dacoity on 23rd August, 1995 of cash to the tune of Rs. 7,75,000/- by intercepting a hired taxi bearing Registration No. WB 68/5549 which was carrying the money in cash remittance boxes from UCO Bank Jhantipahari Branch to the Bankura Branch of the said bank. It was further alleged that the said cash was carried in the hired vehicle by the Manager, Umapada Chakraborty of Jhantipahari Branch of the Bank along one Ranjit Patra, Assistant Manager, Mr. Manabenedra Mirdha, Assistant Manager (Cash), Mr. Sagar Chandra Mondal, Assistant Cashier and Mr. Amulya Ratan Mandi, the armed guard. At around 16:15 hours when the party had approached Kharbana Railway over bridge, they noticed an Ambassador Car blocking the road on the opposite side of the bridge. It appeared that the said vehicle was out of order. As the hired car carrying the cash slowed down on the bridge, four people approached the said vehicle. One of the miscreants tried to snatch the gun from the armed guard by showing Bhojali. Another miscreant showed a pipe gun at Umapada Chakraborty and Ranjit Patra and threatened them that they would be killed. The vehicle used by the miscreants was of whitish in colour with blackish glass panes. Sagar Chandra Mondal noticed that the number plate of the vehicle was covered with mud and the number was undecipherable. The miscreants followed the hired vehicle and overtook it at Karbana crossing. A bus under the name and style 'Shaktisree Paribahan' crossed the vehicle between railway bridge and Kharbana crossing. The bank officials unsuccessfully cried for help. After crossing Basanti Oil Mill the miscreants pulled out the armed guard from the vehicle. Thereafter, all of the bank officials including the driver were pulled out. Then the miscreants sped away with the vehicle carrying cash towards Kamalpur. After their departure Ranjit Patra and Sagar Mondal took a lift in a car and reached Chhatna P.S. Umapada Chakraborty and Manabendra Mirdha also took a lift to the Police Station in a motorcycle. Due to assault, the armed guard Mandi had suffered injuries and was treated at Chhatna Primary Health Centre. Mr. Mirdha and Mr. Mondal had also received injuries and were treated at the said Primary Health Centre. Umapada Chakraborty lodged complaint resulting in registration of criminal case. Investigation was taken up by CID and in course of investigation Rs. 3400/- was recovered from the appellant No. 1, Amrit Bauri whereas Rs. 40,000/- was recovered from the possession of appellantno.2, Madan Bouri. In the course of test identification parade, one Bablu Bauri was identified by some of the witnesses as a customer of the bank.

4. In conclusion of investigation, charge-sheet was filed under Sections 395, 397 and 412 of the Indian Penal Code. The case was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge, 1st Court, Bankura for trial and disposal. Charges were framed under Sections 395 and 412 of the Indian