KALI SHANKAR PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is preferred against the judgment dtd. 29/04/2013 and sentence dtd. 30/04/2013 passed by the Additional Sessions Judge, Second Court, Howrah in Sessions Trial Case No. XXIX (7) OF 1996 connected to Jagacha P.S. Case No. 22 of 1980 dtd. 30/01/1980, by which the present appellant was convicted under Sec. 304 Part II of the Indian Penal Code.

(2.) In nutshell, the case is that the appellant came to his home at Balitikuri Karati Bagan under Jagacha Police Station carrying his service revolver with him on 30/01/1980. He went at 08:00 P.M. to Baliti kuri Netaji Sangha Club and began to play carom with the members. One of the members requested him to show his service revolver. While showing the service revolver, he was in the process of unloading the bullets. At that time one bullet went off causing injury on the chest of a member of the club Srijan Banerjee who subsequently died on 31/01/1980.

(3.) Investigation was initiated on the basis of First Information Report. On completion of investigation, charge sheet was submitted against the present Petitioner under Sec. 338/304A of the Indian Penal Code. In Sessions Trial charges were framed under Sec. 304 Part II of the IPC read with Sec. 36 of the Arms Act. The appellant pleaded not guilty hence trial began.