BABLU DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment dated 26th June, 1997, passed by the learned Additional Sessions Judge, 2nd Court, at Alipore, 24(P) South, whereby the appellant was convicted and sentenced under section 302 of IPC to suffer imprisonment for life and also to pay a fine of Rs. 5,000/-, in default, to suffer rigorous imprisonment for six months, in connection with Sessions Case No. 3(1)/1996, S.T. No. 2(1) of 1997.

(2.) The prosecution's case in brief is that on 14th September, 1994 at about 10.00 a.m. Ashim @ Rabi Mazumder and Buno @ Bimal Hazari while going from the side of Khalpole of the area and proceeding towards Mollah Gate following B.B.T. Road by riding a bicycle near welding shop, accused Dulal Das, Bablu Das, Babul Das, Sanjoy Dutta and Kamal Dutta and some other started bombing and firing from firearms aiming Buno @ Biml Hazari and Ashim Rabi Mazumder and as a result they sustained injuries and fell down on the Budge Budge Trank Road and Ashim @ Rabi Mazumder even after receiving injuries crossed some distance running to save his life but, the miscreants attacked him again with bombs and injured him seriously. Buno @ Bimal Hazari, in the meantime, hired a taxi and went to S.S.K.M. Hospital for treatment where he was admitted. On hearing hue and cry, Kalimohan Mazumder, father of Ashim @ Rabi Mazumder came to the place of occurrence and found Ashim with injuries. After the incident there was road blocked and police came there to maintain law and order situation and Kalimohan Mazumder handed over a written complaint to S.I. Sambhu Nath Roy, (P.W.19) who sent the said complaint to Maheshtala Police Station through an officer, A.S.I. Santosh Sarkar, for registering a case and A.S.I. Anil Chatterjee, (P.W.7) who was on duty received the complaint and started Maheshtala P.S. case No. 255 dated 14th September, 1994 by filling up the formal FIR. The O.C. Maheshtala P.S. in the meantime, made arrangement for sending injured Ashim @ Rabi Mazumder to S.S.K.M. Hospital for treatment on 14th September, 1994 who was admitted there at 10.30 a.m. but as his condition was alarming he expired on the same day at about 12.50 p.m. The victim Ashim @ Rabi was admitted to S.S.K.M. Hospital as indoor patient under Dr. T. Sen, (P.W.10) inquest was held on the body of the victim, Ashim @ Rabi Mazumder, at S.S.K.M. Hospital by A.S.I., Dipak Kanti Aich (P.W.13) and he sent the deadbody through a constable for post-mortem examination on 15th September, 1994 and at about 1.30 p.m. Dr. P.B. Das, (P.W.11) held P.M. examination of the victim at Alipore Police Morgue being identified by constable T84 Dayamay Goswami of Bhabanipur Police Station. The investigation of the case was first taken up by S.I. Sambhu Nath Roy, who during investigation visited the P.O., recorded statement of witnesses, prepared sketch map with index of the P.O. On 28th March, 1995, he marie over the charge of the case to the then O.C. of Maheshtala P.S. and thereafter S.I. Partha Mazumder, (P.W.20) on 2nd April, 1995, took up the investigation of the case and during investigation he seized bed head ticket, admission form of injured Buno @ Bimal Hazari and collected death certificate of victim Ashim @ Rabi Mazumder. He did not prepare any sketch map of the P.O. and on 30th April, 1995 he recorded the statement of Kalimohan Mazumder. Subsequently, he submitted chargesheet in this case and thereafter submitted a supplementary chargesheet against the six accused persons under sections 148, 149, 326, 307/302 of IPC.

(3.) The Trial Court framed charges under sections 148/302 read with section 149 of IPC and section 302/307 read with section 149 of IPC and in answer to the charges the accused persons pleaded not guilty and claimed to be tried. The defence version is that they have been falsely implicated in this case due to political rivalry.