MD. IRFAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeals are directed against the judgment and order dated 30.10.2014 and 31.10.2014 passed by learned Additional District and Sessions Judge, 1st Fast Track Court, Calcutta in Sessions Trial No.1(Dec) of 2008 arising out of Sessions Case No.45 of 2008 convicting the appellants under section 302 / 34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs.10,000/- in default to suffer rigorous imprisonment for one year more.

(2.) Prosecution case as alleged against the appellants is to the effect that on 01.02.2005 at around 11/11:30 a.m. the appellants armed with revolvers and bombs attacked the deceased, that is, Md. Akram who was inside the saloon of Ichuya Thakur, where he had gone to shave his beard. Buddha, Laddu, Aslam and Gabbar entered the saloon and shot him on his head and body. Thereafter they left after throwing bombs. Md. Akram was taken to Howrah General Hospital where he was declared dead. Md. Aslam (P.W. 7), brother of Md. Akram, lodged written complaint against Buddha, Aslam, Gabbar and Laddu and 5/6 other unknown miscreants at Golabari Police Station resulting in P.S. Case No.22/05 dated 01.02.2005 under section 302 / 34 of the Indian Penal Code, under section 25 / 27 of the Arms Act and 9B of the Indian Explosives Act. In conclusion of investigation, charge-sheet was filed against the appellants and the case was committed to the Court of Session for trial and disposal. Charges were framed against the appellants under section 302 / 34 of the Indian Penal Code. They pleaded not guilty and claimed to tried. In the course of trial, prosecution examined 21 witnesses and exhibited a number of documents.

(3.) In conclusion of trial, trial judge by judgment and order dated 30.10.2014 and 31.10.2014 convicted and sentenced the appellants, as aforesaid.