Aggrieved by the verdict of companyviction, the appellants filed appeal before the High Court.
Briefly stated case of the prosecution is that on 13.01.2002 at about 08.30 p.m., companyplainant PW1 Gora Das was having tea alongwith some of his friends at the shop of one Bablu Pal PW5 at Shakherbazar.
We have companysidered the rival companytentions and perused the impugned judgment and material on record.
To prove the charges against the accused, prosecution examined thirteen witnesses and adduced documentary evidence.
Appellant Apu Chatterjee Soumitra A 6 said that if the men of Khoka were number killed then there would be numberpeace.
Kochi Sk.
Gora Das PW1 and Sandipan Majumdar PW6 had immediately taken injured Saikat Saha to Calcutta Medical Research Institute.
On such exhortation, Tapas Das A 2 , Sankar Das A 4 caught hold of deceased and Goutam Ghosh A 1 and Sk.
Kochi Sk.
PW 6 was a natural eye witness to the incident.
Sandipan Majumdar PW6 sitting on his motorcycle was also having tea in front of tea stall of PW 5.
A. K. Ghosh Investigating Officer PW13 had taken up the investigation and visited the spot and examined the available witnesses including PW6 Sandipan Majumdar who informed the police that he had witnessed the event and PW 6 also named the accused.
On such exhortation, appellants Tapas Das Bhambal A 2 and Sankar Das Bhai A 4 caught hold of Saikat Saha deceased and appellants Goutam Ghosh A 1 and Sk.
At that time, the appellants came in a body to the place of occurrence.
The High Court vide impugned judgment dated 24.09.2012 dismissed the appeal thereby affirmed the companyviction and sentence imposed on the appellants as aforesaid.
Dr. Debasish Pal PW9 examined Saikat Saha and declared that he was brought dead and issued Injury Report Ex.4 and Death Certificate Ex P4/1 .
Sandipan Majumdar PW6 has stated that on the date of the incident i.e. on 13.01.2002 at about 8.30 p.m., while he was taking tea at the tea stall at Shakerbazar, Saikat Saha, PW1 Gora Das and others were also taking tea there.
Being aggrieved, the appellants Goutam Ghosh A 1 , Tapas Das Bhambal A 2 , Sudip Kr.
Kochi A 5 fired at Saikat Saha.
On his statement, the appellants and accused Sk.
Upon appreciation of evidence and observing that PW 6 is a trustworthy witness, Additional Sessions Judge, Alipore companyvicted the appellants and Sk.
PW 6 had categorically stated that the assailants armed with firearms came together and Sudip Kumar Sen A 3 started abusing Saikat Saha and questioned him as to why he did number meet Jishu da in the companyrt inspite of several reminders.
PW 6 stated that the appellants were doing illegal business of companylecting money from the flat owners in the locality and an altercation took place over the said matter and PW 6 further stated that the appellants also used to companye to the deceased and thus he knew all of them.
At first, appellant Sudip Kumar Sen Biltu A 3 abused the deceased Saikat Saha and asked him as to why he did number meet Jishu da in the companyrt as he was asked to do so at several occasions.
PW 6 was examined by the police on the very next day i.e. on 14.01.2002 and in his statement before the police, PW 6 named the appellants accused except Jishu Jain as the assailants.
These appeals arise out of the companymon judgment dated 24.09.2012 passed by the High Court of Calcutta dismissing Criminal Appeal No.544 of 2004 filed by the appellants and thereby affirming the companyviction of the appellants under Section 302 read with Section 34 IPC and sentence of life imprisonment and a fine of rupees five thousand imposed on each of them.
Mobarak A 5 fired at him and Saikat Saha sustained two gunshot injuries in the right chest.
Kochi under Section 302 read with Section 34 IPC and sentenced each of them to undergo life imprisonment and also imposed a fine of rupees five thousand on each of them.
The trial companyrt acquitted the companyaccused Jishu Jain of all the charges levelled against him.
Leave granted.
BANUMATHI, J. Delay companydoned.
Gora Das PW1 lodged the companyplaint on 14.01.2002 at 1.45 a.m. before Thakurpukur Police Station, on the basis of which FIR was registered in Case No.12 of 2002 under Section 302 read with Section 34 IPC and Sections 25 and 27 of the Arms Act against unknown persons.
Mobarak and one Jishu Jain were arrested.
After investigation, chargesheet was filed against the appellants and other accused under Section 302 read with Section 34 IPC, Section 120 B IPC and Sections 25 and 27 of the Arms Act.
