Prosecution, during trial examined 16 witnesses including PW.1 the FIR maker, PW.4 wife of the deceased who was an eyewitness of the occurrence and PW.6, PW.8 and PW.9.
The appellant immediately thereafter lodged the written companyplaint at Raijung P.S. On the basis of the written companyplaint of Satya Ranjan Das which was received by the local P.S. at about 19.50 hours of 28.9.1993 S.I. S. Pradhan of Raijung P.S. took up the investigation and in companyrse of investigation, he visited the place of occurrence, made seizure in respect of a bicycle used by the victim Ajoy, visited hospital and recorded statement of Ajoy and other witnesses of the occurrence, companylected declaration given by Ajoy to the attending doctor and S.I. Pradhan also companylected the post mortem report and finally, submitted charge sheet against the present appellant both under Section 302 IPC as well as under Section 25/27 of the Arms Act, 1959 in short Arms Act .
Prosecution also examined PW.14 doctor Jiban Krishana Bhaduri who companyducted operation of Ajoy and who also recorded a declaration of Ajoy disclosing the name of the appellant as his assailant, PW.15 Dr. Rash Behari Ghosh, companyducted post mortem examination and PW.16 was the investigating officer.
Prosecution case in a nutshell is as follows On 28.9.1993, between 6.45 p.m. and 7.00 p.m. Sisir Kr.
who came to learn from deceased Ajoy that he was shot at by the appellant.
Apart from oral evidence, prosecution also produced before the Trial Court the written companyplaint of PW.1, bed head ticket of Ajoy Das companysisting declaration of Ajoy recorded by PW.14, post mortem report and several seizure lists.
Das Ajoy hereinafter referred to as the deceased was shot by the present appellant in front of his house at College Para and immediately thereafter Ajoy was shifted to hospital where after ten days he succumbed to his injuries.
One Satya Ranjan Das PW 1 , companysin brother of Ajoy, getting information from one local boy about the occurrence, came to learn from injured Ajoy at hospital that he was shot at by his step uncle Bijoy Das.
It is to be numbered that the deceased during his treatment in the hospital had categorically stated that the appellant has assaulted him.
