JUDGMENT : JOYMALYA BAGCHI, J. 1. The appellant was convicted for commission of offence punishable under Section 395 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 8 years each and pay fine of Rs.4000/-, in default to suffer rigorous imprisonment for six month. 2. The appellant has already been served out the sentence in the meantime and hence appeal has taken up for hearing. 3. Prosecution case as against the appellant is to the effect that on 18th June, 2006 at 10 P.M. dacoity was committed in the godown of M/s. B.S. Leathers situated at 86B, Topsia Road (South), Kolkata-700046 and the miscreants had decamped with large quantities of cow leathers of different colours valued at Rs.8 lakhs. Criminal case was registered against the unknown miscreants. The appellant and other accused persons were arrested. They were identified in T.I. Parade and some of the stolen articles were recovered pursuant to the leading statements of the appellant. 4. On perusal of the evidence on record it would show that the P.W.4 Krishna Bahadur Thapa, who is the de facto complainant and darowan of the factory had identified the appellant and other accused persons both in T.I. Parade and Court. He was assaulted in the course of dacoity and was medically treated by P.W.14 at the National Medical College & Hospital. In the course of investigation PW 15 S.I. of Police attached to Topsia Police Station recovered 50 pieces of black coloured leather with BS mark and 10 pieces of blue coloured leathers with similar mark from one Abdul Kadir (PW 13) pursuant to the leading statement of the appellant. From the aforesaid evidence it appears that the appellant has not only been identified as one of the dacoits but stolen articles were recovered pursuant to his statement soon after the dacoity from PW 13. 5. In view of the aforesaid evidence on record, the conviction and sentence of the appellant does not call for interference. 6. The appeal is, thus, dismissed. 7. The period of detention suffered by the appellants during investigation, enquiry or trial shall be set off against the substantive sentence imposed upon them under Section 428 of the Code of Criminal Procedure. 8. Copy of the judgment along with LCR be sent down to the trial court at once for necessary compliance. 9. The appeal is, thus, dismissed. 7. The period of detention suffered by the appellants during investigation, enquiry or trial shall be set off against the substantive sentence imposed upon them under Section 428 of the Code of Criminal Procedure. 8. Copy of the judgment along with LCR be sent down to the trial court at once for necessary compliance. 9. Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities. Ravi Krishan Kapur, J. - I agree