SARFARAZ ALIAS SARFU Vs. STATE

JUDGEMENT

(1.) This appeal has been directed against the conviction and sentence passed by the learned Additional Sessions Judge, 6th Court, Alipore in connection with Sessions Trial No. 3(4)/99.

(2.) This case relates to a daring act of murder of a person in broad daylight near busy thoroughfares. It was unfurled during the trial while on 21.06.98 round about 12.30 hrs. Armed constable Jiwan Kr. Gurung and Sepoi Niranjan Acharya were on duty in front of Body Guard Lines, a taxi cam along National Library Avenue at a high speed. Mounting the footpath, the taxi rammed against the southern boundary walls of Body Guard Lines. The Sepoi and the constable saw one of the passenger of the taxi trying to alight from the said taxi, screaming for help. Another passenger of the taxi was seen pulling his T-shirt to prevent him from escaping. However, the man in distress wriggled out of their clutch. He made desperate bid to safe his life by entering into the Body Guard Lines Compound. He was hotly pursued by the miscreants. One of them even fired from his revolver, aiming at the body. The injured collapsed near the gate. Prior to that, the miscreants pounced on him with razors and revolvers. While the miscreants tried to flee off after the commission of murder, they were chased by some of the police personnel. One of the miscreants could be nabbed at the crossing of Diamond Harbour Road and National Library Avenue with revolver in his possession. The other miscreants were also apprehended from different spots. Meanwhile, the injured was shifted to hospital in a critical condition. The injured stripped of cloth, succumbed to his injury in SSKM Hospital.

(3.) A specific case under section 302/34 IPC and 25 (1B)(a)/27 Arms Act was instituted on the basis of the FIR lodged by Sri J.K. Gurung. The investigating officer examined the available witnesses and recorded their statements in course of the investigation. The Investigating Officer went on interrogating the accused persons. In pursuance of the statement of accused Nabi Box, cartridges could be recovered. Fired cartridges were also seized near a Jeep. Those articles were seized in presence of the witnesses. Steps were taken to collect the Inquest Report, Medical Report and Ballistics Report. Ultimately on completion of investigation, charge sheet was submitted.