GOUTAM JOARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Criminal Appeals Nos.1181, 1182, 1762 of 2019 and 44 of 2020 are preferred by accused Goutam Joardar; Kartick Das and Biltu Bhattacharya; Shibu Kahar @ Dodan @ Dhuma; and Raju Rabidas @ Shera challenging the common judgment and order dated 13.03.2019 passed by the High Court of Judicature at Calcutta dismissing the appeals preferred by said accused and confirming their conviction and sentence recorded by the Sessions Judge, Malda in Sessions Trial No.07 of 2012.

(2.) The basic facts including the case of the prosecution as are discernible from the judgment of the High Court are as under:

(3.) In the course of investigation, the appellants were arrested and pursuant to the statement of Goutam Joarder one revolver with cartridge was recovered. On the statement of Shibu Kahar @ Dodon @ Dhuma a dagger and a bhojali were also recovered. Post mortem was conducted on the body of the victim and fragment of bullet was recovered from his body. Ballistic report was obtained with regard to seized fire arms and the bullet fragment recovered from the body of the victim. In conclusion of investigation, charge sheet was filed against the appellants and others. Pursuant to direction passed by this Court in CRR No.3402 of 2011, the case was transferred to the Court of Sessions, Malda for trial and disposal. Charges were framed under Sections 302/120B IPC and under section 27(3) of the Arms Act. Co- accused Khokon Karmakar and Anay Upadhyay assailed the framing of charge before this court in CRR No.2559 of 2012 and a learned Judge of this court by order dated 06.08.2012 quashed the charges framed against the said co-accused. In the course of trial, prosecution examined 37 witnesses and exhibited number of documents. Defence of the appellants was one of innocence and false implication."