24.02.2025 C.R.A. 646 of 2005 SL. 55+56 With Court No. 551 CRAN 2 of 2005 (Old No. CRAN 2100 of 2005)

Suvayan/

Sourav/GB In the matter of: Sakir Ansary @ Sakil Ansary & Ors.

…for the appellants.

With C.R.A. 593 of 2005 In the matter of: Uttam Karmakar …for the appellant.

Mr. Tapan Datta Gupta Mr. Parvej Anam …for the appellants in CRA 646 of 2005 Mr. Navanil De Ms. Monami Mukherjee …for the appellant in CRA 593 of 2005.

Ms. Faria Hossain, APP …for the State.

1. In these two appeals the judgment of conviction dated

19.08.2005 and the order of sentence dated 20.08.2005 as passed in S.T. No. 3(7) 04 (S.C. No. 159 of 2004) by the learned Additional Sessions Judge, F.T.C. 4, Raghunathpur, Purulia is impugned.

2. By the impugned judgment learned Trial Court found nine accused persons viz.; Uttam Karmakar, Sakir Ansary, Gobinda Roy, Sarfuddin Ansary, Riaju alias Riajul Ansary, Samir Ansary, Samsuddin Ansary, Salim Ansary and Khaina @ Yearuddin Ansary guilty of the offence under Sections 399/402 IPC and under Section 25 of the Arms Act and thus sentence them to suffer R.I. for three years each and to pay fine of Rs. 2,000/- each I.D. to suffer six months R.I. each for the offence committed by them under Section 25 of the Arms Act and the said Court also sentenced the said nine convicts to suffer R.I. for four years each and to pay fine of Rs. 5,000/- each I.D. to suffer R.I. for six months more each for the offence committed under Section 399/402 IPC.

3. The convict No. 1, i.e.; Uttam Karmakar felt aggrieved and thus preferred CRA 593 of 2005. The other convicts of the said trial also felt aggrieved and thus preferred CRA 646 of

2005.

4. Since in these two appeals common question of facts and law are involved and as in these two appeals the self-same judgment has been assailed this Court proposes to dispose of the instant two appeals by passing a common judgment.

5. For effective adjudication of the instant two appeals the facts leading to initiation of the aforementioned trial are required to be dealt with in a nutshell.

6. On 27.12.2000, one Pranab Kumar Mitra, being S.I. and Officer-in-Charge of Kashipur Police Station, District – Purulia lodged a suo moto complaint with Officer-in-Charge of the self-same Police Station to the effect that on the basis of a secret information as received by him on 26.12.2000 at 23.45 hrs. to the effect that some miscreants had assembled in an abundant house near Kashipur Rajbari and were preparing to commit a dacoity he diarized the said information in the said Police Station and thereafter to work out the said information, he along with the other police personnel of the said Police Station proceeded to P.O. by their Office vehicle and on reaching there he and the other police personnel surrounded the said P.O. and apprehended the aforementioned nine accused persons from the said P.O. and after detaining them and after searching some incriminating materials like vojali, one improvise pipe gun with live cartridge, instruments for house breaking, etc. were seized from the said miscreants.

7. It is his further assertion that on being asked the said apprehended accused persons confessed that they have assembled there at the instruction of the said Uttam Karmakar for the purpose of committing a dacoity in Kashipur town. The said accused persons have been arrested and thereafter they were brought to the Police Station. On the basis of such written complaint Kashipur P.S. Case No. 108/2000 dated 27.12.2000 under Sections 399/402 IPC and under Sections 25/27 of the Arms Act was started.

8. Investigation was taken up and on conclusion of the same charge-sheet was submitted under Sections 399/402 IPC and under Sections 25/27/35 of the Arms Act against all the accused persons. After commitment and transfer learned Trial Court considered the charges against the accused persons and on 20.07.2004 learned Trial Court framed charges under Sections 399/402 IPC and under Sections 25/27 of the Arms Act against the said nine accused