RAJA GOSWAMI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has assailed the judgement of conviction dated April 21, 2021 and the order of sentence dated April 26, 2021 passed by the learned Additional District and Sessions Judge, 2nd Court, Barackpore in Sessions Trial No. 02 (06) 2016 arising out of Sessions Case No. 57 of 2016. By the impugned judgement of conviction and the order of sentence, the learned Court has convicted the appellant under Sec. 302 of the Indian Penal Code, 1860 and under Sec. 25(i)(a)/27(i) of the Arms Act.

(2.) The prosecution has alleged that, on November 15, 2015 at about 7:15 P.M, the appellant took the victim to Sree Durga Sporting Club and demanded a sum of Rs.8,000.00 from him and when the victim refused to pay the money the appellant inflicted a gunshot injury near the chest of the victim and fled away. The neighbours had taken the victim to the ILS (Nagerbazar) Hospital and subsequent to the brother of the victim being informed, the victim was shifted to the Apollo Gleneagles Hospital for treatment. The victim had died out of gunshot injury on December 25, 2015.

(3.) At the trial, the prosecution had examined 14 witnesses and tendered various documentary and material evidences which were marked as exhibits and material exhibits. The appellant had been examined under Sec. 313 of the Criminal Procedure Code. The appellant had claimed his innocence in the statement recorded under Sec. 313 of the Criminal Procedure Code. The appellant had declined to adduce any defence witness.