JUDGMENT :

Ananya Bandyopadhyay, J. :

1. This appeal is directed against Judgment and Order dated 25.8.2004, passed by Learned Sessions Judge, Bankura in Sessions Trial No. 04 of June, 2003, arising out of Sessions Case No. 11 of April, 2003, convicting the appellants under Section 414 of the Indian Penal Code, sentencing the appellants to suffer rigorous imprisonment for six months each.

2. The prosecution case emanated on the basis of a suo moto complaint by the police officer on 29.1.1999, which precisely stated on his way to Saldiha pursuing his government duty along with C-782, Mathur Ch. Garai and C-1026, Ajit Patra both of Indpur Police Station intercepted one lorry bearing registration No. WB53-3611 at Dhogra More approaching from Purulia District, which was loaded with coal. On enquiry the driver of the aforesaid lorry failed to furnish valid documents concerning the coal carried by the aforesaid lorry as well as the ownership and his driving license. On further interrogation, the driver disclosed the name of the owner of the said lorry to be Haradhan Chand, son of Manick Chand along with whom the driver procured coal from the Dobra Side under Para Police Station, District Pu