SALIM KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dtd. 26/3/2018 and 27/3/2018 passed by the learned Additional District and Sessions Judge, 14thcourt, Alipore, South 24 Parganas, in Sessions Trial No. 04(04)2007 arising out of Sessions Case No. 17(8)2006 convicting the appellant for commission of offence punishable under Sec. 304 Part II of the Indian Penal Code read with Ss. 3/4 of the Explosive Substance Act and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.10,000.00 only, in default, to suffer further simple imprisonment for six months for the commission of the offence under Sec. 304 Part II of the Indian Penal Code also to suffer rigorous imprisonment for seven years and also to pay fine of Rs.8,000.00 only in default to suffer further simple imprisonment for three months for commission of offences punishable under Ss. 3 and 4 of Explosive Substances Act. Both sentences to run concurrently.

(2.) Prosecution case as alleged against the appellant is to the effect that on 9/4/2006 at around 6.45p.m., one Ashim Raja, a boy of nine years was playing. At that time a bomb blast occurred at premises No. P-121A, Khansamapara, Garden Reach, Kolkata - 700024. Another person viz. Reshma Begum also died due to the bomb blast. On the basis of the written complaint lodged by father of Ashim Raja i.e. Alam Khan (PW - 1) Metiabruz Police Station Case No. 32 of 2006 dtd. 9/4/2006 under Sec. 304 of the Indian Penal Code and Ss. 3/4 of the Explosive Substance Act was registered.

(3.) In the course of investigation, statements of the witnesses were recorded. Inquest reports were prepared over the bodies of Ashim Raja and Reshma Begum. Post mortem reports were collected. Articles were seized from the house and were sent for EFSL examination. Sanction order was obtained. Appellant was arrested and charge-sheet was filed.