JUDGMENT

Bibek Chaudhuri, J. - The instant appeal is filed by the accused/convicts/appellants in S.T No.1(8)2000/SC 56(2) 1999 against the judgment and order of conviction and sentence under Section 392/397 of the Indian Penal Code.

2. Both the appellants were convicted under Section 235(1) of the Code of Criminal Procedure for the offence punishable under Section 392 of the Indian Penal Code and sentenced to suffer rigorious imprisonment for 7 years each and to pay a fine of Rs.50,000/- each in default to suffer further rigorious imprisonment for six months.

3. The aforesaid convicts were further sentenced to suffer rigorious imprisonment for a term of 7 years for committing offence under Section 397 of the Indian Penal Code. The sentences were directed to be run concurrently.

4. Entally Police Station case no.40 dated 27th February, 1997 under Section 392/397 of the Indian Penal Code and Sections 25(1B) (a) of the Arms Act was registered against two unknown accused persons on the basis of a statement made by one Biswajit Dey and recorded by one Kunja Bihari Das, SI of Police attached to Entally Police Station at the relevant point of time. It was stated by the said Biswajit Dey th