DILIP DEY @ DILA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment of conviction dated April 29, 2006 and order of sentence dated May 3, 2006 passed by learned Additional Sessions Judge, 2nd Court, Alipore in connection with Sessions Trial No. 1(2) of 2003.

(2.) By the impugned judgment, the appellants were convicted of the offence punishable under Sec. 302/34 of the Indian Penal Code, 1860. In addition, the appellant Manoj Singh @ Mota Manoj was also convicted of the offences punishable under Sec. 25(1B) (a)/27 of the Arms Act. By the impugned order of sentence, both the appellants were sentenced to imprisonment for life with fine of ?5,000/- each for committing the offence under Sec. 302/34 of the Indian Penal Code. The appellant Manoj Singh @ Mota Manoj was separately sentenced to imprisonment for 2 years with fine of ?500/- for the offence under Sec. 25(1B)(a) of the Arms Act. In default of payment of fine, the convict was directed to undergo rigorous imprisonment for a further period of 6 months. The appellant Manoj Singh @ Mota Manoj was also sentenced to imprisonment for 3 years and a fine of ?1,000/- for the offence punishable under Sec. 27 of the Arms Act and in default of payment of fine, the convict was directed to undergo rigorous imprisonment for a further period of one year. All the aforesaid sentences were directed to run concurrently.

(3.) Learned advocate for the appellants submitted that the prosecution has not been able to substantiate the charges levelled against the appellants with the help of convincing evidence. He also stated that the alleged dying declaration by the victim was not proved in accordance with law. It was not established that at the time of alleged declaration, the victim was physically fit and mentally alert to record the dying declaration. Therefore, such dying declaration is not trustworthy for securing the conviction of the appellants.