PRAVEEN KUMAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant Criminal Appeal is directed against the judgment and order of conviction passed in Sessions Trial No.24(10) 2005 arising out of Sessions Case No.13(9) 2005 by the Learned Additional Sessions Judge, Basirhat, North 24-Parganas, dated 15.03.2006 and 16.03.2006 respectively holding the appellant guilty of the offence under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.5,000/-, in default to suffer further Rigorous Imprisonment for six months.

(2.) A brief resume of the prosecution case emerging from the F.I.R. and evidence is that on 03.05.2005 at about 2.15 p.m. the de-facto complainant, Gopal Sarkar, was standing in front of the main gate of the Customs Office at Ghojadanga in connection with his exportimport business. At that time he saw a 'jawan' of Ghojadanga B.S.F. camp with a S.L.R in one hand was dragging a woman with his other hand towards the B.S.F. camp abusing the woman in filthy languages. He then asked one Prakash Ghosh to look into the matter. Prakash Ghosh requested the B.S.F. 'jawan' to release the woman and told him that he (Prakash) would take that woman, who was Kiran Das, wife of Sukumar Das, to the camp. The 'jawan' did not pay any heed to such request and dragged the woman to the main gate of the B.S.F. Camp and felled her on the Pucca Road, caught hold of her hairlock and assaulted her by kicks. The woman began to raise shout. Within a short while, the said 'jawan' fired at the woman from his Self Loading Rifle (S.L.R.) on her belly. The said woman fell flat in front of the main gate of the B.S.F. Camp in bleeding condition. I.N.T. Inspector of that camp snatched the S.L.R. from that 'jawan' and took him inside the camp. So many persons including the de-facto complainant witnessed the incident as 'kirtangan' was going on in a pandal about 50 cubits away from the place of occurrence. The local people arranged for shifting the injured woman to Basirhat S.D.Hospital. The name of the guilty B.S.F. 'jawan' is Constable Praveen Kumar of Battalion No.106.

(3.) The de-facto complainant, thereafter, lodged written complaint on the basis of which Basirhat P.S. Case No.124 dated 03.05.2005 under Sections 302/307 I.P.C. was registered. That case was investigated into. During the course of investigation, on the prayer of the Investigating Officer, the charge was altered under Section 302 I.P.C. and after completion of investigation, charge sheet was submitted under Section 302 I.P.C. against the accused/appellant.