JUDGMENT :

BIBHAS RANJAN DE, J.

1. Appellant/convict was found guilty of committing offence under Section 394 of the Indian Penal Code (for short IPC) read with Section 25(1)(B) (a) of the Arms Act and was sentenced to suffer rigorous imprisonment for 7 (seven) years with fine of Rs. 10,000/- in default to suffer further imprisonment for another 6 (six) months and also was sentenced to suffer rigorous imprisonment for 1 (one) year with fine of Rs. 5,000/- in default to suffer further imprisonment for another 3(three) months for the offence punishable under Section 25(1)(B) (a) of the Arms Act, in connection with Sessions Case No. 04 of 2020 (Sessions Trial no. 05 of 2020) passed by Ld. Additional Sessions Judge, 5th Court, Malda.

2. Being aggrieved by and dissatisfied with the order the instant appeal has been preferred.

Facts in brief:

3. The genesis of the whole proceedings in connection with the instant appeal is a written complaint made on 30.08.2019 by one Bhabatosh Biswas (PW-1) to the Inspector-in-Charge of Malda Police Station alleging inter alia that the complainant along with his wife and two sons went to house of a relative on occasion of Kali Puja at about 8 p.m. on 29.08.20