JUDGMENT :

(Ananya Bandyopadhyay, J.) :

1. This appeal is preferred against the judgment and order of conviction dated 26.07.2007 and 27.07.2007 passed by the Learned Additional Sessions Judge, Fast Track Court – 1, Krishnagar, Nadia, in connection with Sessions Trial No. 11 (January) 2007, arising out of Sessions Case No. 43(9)2006 convicting the appellant under Section 235 of the Code of Criminal Procedure, 1973, for commission of offences punishable under Sections 489B/489C of the Indian Penal Code, 1860 and thus directing the appellant to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 1000/-, in default to suffer further rigorous imprisonment for 4 months, for commission of offence punishable under Section 489B of the Indian Penal Code, 1860 and to suffer rigorous imprisonment for 3 years for commission of offence punishable under Section 489C of the Indian Penal Code, 1860 and the sentences being directed to run concurrently.

2. The prosecution case precisely stated that the informant Golam @Gulam Kuddus the cashier employed in Debnath Auto Fuel Service situated adjacent to Katwa More. On 30.08.2005 at 2.00 a.m., one Tata 407 Car arrived at the petrol pump for