SURAJIT MONDAL @ CHHATTU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against judgment of conviction dated December 5, 2016 and order of sentence dated December 6, 2016 passed by the learned Additional Sessions Judge, Seventeenth Court at Alipore, South 24-Parganas, in Sessions Trial No. 01(02)2015 [corresponding to Sessions Case No. 58(06)2014] arising out of Nodakhali Police Station Case No. 139 dated June 3, 2010 under Sections 341/324/325/326/307/506/34 of the Indian Penal Code read with Sections 25 and 27 of the Arms Act convicting the appellant for commission of offence punishable under Sections 341/307 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for one month and to pay a fine of Rs. 500/- in default to suffer rigorous imprisonment for five days more for the offence punishable under Section 341 of the Indian Penal Code and also to suffer rigorous imprisonment for four years and to pay a fine of Rs. 10,000 in default to suffer rigorous imprisonment for four months more for the offence punishable under Section 307 of the Indian Penal Code.

(2.) The brief facts leading to the instant appeal is that on June 3, 2010 at about 7-30 p.m. one Parimal Mondal sitting inside Matri Jewellers at Rania School More was chatting with Mintu Das, Mohendra Dolui and Bikash Das. At that time, the accused persons along with 2/3 unknown persons came and drag out Parimal Mondal from the said Jewellery shop holding his shirt's collar and putting a firm arm on his head. Being beaten by the accused persons, Parimal fell to the ground and tried to run away. Then Surajit Mondal @ Chhottu, being the appellant, with intention to kill Parimal chased him and in front of Sarada Builders, Chhottu shot Parimal on the right side of his chest. As a result, Parimal sustained gun shot injury. For such offence, Nodakhali Police Station Case No. 139 dated June 3, 2010 under Sections 341/324/325/326/307/506/34 of the Indian Penal Code read with Sections 25 and 27 of the Arms Act was registered for investigation at the instance of the complainant, namely, Pradip Kumar Mondal being the brother of Parimal.

(3.) In conclusion of investigation, charge sheet was submitted under Sections 341/326/506/307/34 of the Indian Penal Code read with Section 27 of the Arms Act and the case was committed to the Court of Sessions. The learned Sessions Judge after taking cognizance of the offence transferred the case to the court of the learned Additional Sessions Judge, Seventeenth Court at Alipore, South 24-Parganas, for trial and disposal. Charges were framed under Sections 341/326/307/34 of the Indian Penal Code. The charges were read over and explained to the accused persons to which they pleaded not guilty and claimed to be tried.