The persons who came in the Ambassador car were armed with weapons like pistol, nepala etc.
Soon after the occurrence, hearing the alarm of the FIR maker, Shyam Mehata and his brother Mukesh Mehata, the neighbours of the locality rushed in the shop and Gulab Mehata and Mukesh Mehata were taken to the nearby hospital where subsequently Gulab Mehata succumbed to his injuries.
and they entered into the grocery shop and demanded key of the cash box from the proprietor of the shop namely Gulab Mehata hereinafter referred to as the deceased .
Since the accused persons pleaded innocence trial was held.
Brother of the FIR maker who was also injured at the time of occurrence did number identify the appellant as the person who shot at his father and, therefore, there was scope to raise a doubt as to whether the appellant with the intention of causing death to Gulab Mahata shot at him.
At that relevant time Gulab Mehata alongwith his sons Mukesh Mehata was about to take their dinner and the FIR maker Shyam Mehata just came inside the shop with drinking water.
The miscreants also assaulted Mukesh Mehata with the butt of the revolver.
One of the neighbours informed Tollygunge Police Station immediately about the occurrence and Tollygunge Police Station officials soon thereafter arrived at the spot and started investigation.
Since Gulab Mehata refused to hand over the key of the cash box the present appellant shot at the deceased from the front side at his chest and on receiving the injury, he fell down and thereafter the appellant and other accused persons inflicted cut injuries on the person of the deceased.
It was also companyceded that from the evidence of the FIR maker and also from the evidence of the other witnesses examined during the trial it was established that the present appellant was physically present inside the shop room.
Prosecution case in a nutshell is as follows On 1st August, 1996, at about 11.40 in the night the present appellant along with others came in a white Ambassador car having fake number plate in front of the grocery shop under the name and style Prabhat Stores situated at 7/1, Bampass Road, Calcutta 29.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of the Calcutta High Court which by the impugned judgment upheld the companyviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC while setting aside the companyviction under Section 398 IPC as done by learned Additional Sessions Judge, Alipore, in companynection with Sessions trial No.6 1 of 1997.
