SAMBHU SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeals are directed against the judgment and order dtd. 29/8/2013 and 31/8/2013 passed by the learned Additional District and Sessions Judge, Fast Track Court No. 1, Barrackpore in Sessions Trial No. 2(1)2012 FTC-1 arising out of Sessions Case No.237 of 2011 convicting the appellants for commission of offence punishable under Ss. 302/34 of the Indian Penal Code and under Ss. 25(1-A) and 27 of the Arms Act and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000.00 in default to suffer simple imprisonment for six months for the offence punishable under Ss. 302/34 of the Indian Penal Code, to suffer rigorous imprisonment for seven years and to pay a fine of Rs.2000.00 in default to suffer simple imprisonment for three months for the offence punishable under Sec. 25(1-A) of the Arms Act and sentence to suffer rigorous imprisonment for seven years along with fine of Rs.2000.00 each in default to suffer simple imprisonment for three months for the offence punishable under Sec. 27 of the Arms Act. All the sentences shall run concurrently.

(2.) The prosecution case, as alleged against the appellants, is to the effect that at 9:00P.M. on 7/4/2017 appellants with one Babai and others had came to the residence of Subhash Yadav, a milk vendor (PW 1) and called his son Puglu @ Lalu. They took him to a pond near Gosala Math. Soon thereafter, Subhash Yadav heard sound of bullets. He along with others came to the pond and found his son Lalu lying with bleeding injuries. His younger son, Raju Yadav and others shifted to the victim to Ghola Hospital where he was declared dead. One Babu Yadav, his brother's son, was near the place of occurrence and had witnessed the incident. He knew the miscreants who committed the crime.

(3.) On the written complaint of Subhash Yadav (PW 1) Khardah Police Station Case No. 202 of 2011 dtd. 8/4/2011 under Ss. 302 of the Indian Penal Code along with Ss. 25/27 of the Arms Act was registered against Pagla Barui, Sambhu Sardar and one Babai. In the course of investigation the appellants i.e. Pagla Barui and Sambhu Sardar were arrested. It is alleged Pagla Barui made a disclosure statement leading to the recovery of an improvised shorter pipegun and an empty cartridge from Amarabati playground. Postmortem report showed that the victim had died due to gunshot injury. Ballistic expert opined the pipegun was in working condition and cartridge could have been fired from the said arms. Babai could not be arrested and was declared as an absconder.