NURUDDIN SK Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is arising out of the order of conviction of the appellant for commission of offence punishable under Sections 302/307 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentence to suffer imprisonment for life for commission of offence punishable under Section 302 of the I.P.C. and rigorous imprisonment for a period of 4 years and a fine of Rs.4000/ - in default to suffer rigorous imprisonment for a further period of six months for commission of offence punishable under Section 307 of the I.P.C. passed by the learned Additional Sessions Judge, Fast Track Court -IV, Alipore, South 24 -Parganas in S.T. No.3 (2) 04 arising out of S.C. No.38 (6) 02. There was direction for running the aforesaid sentences concurrently and for setting off of detention of the appellant in jail custody during investigation and trial from substantive imprisonment under Section 428 of the Cr.P.C. Another accused person namely, Mannan Molla was acquitted giving him benefit of doubt.

(2.) The backdrop of the prosecution case in a nutshell is as under: -

(3.) The PW 2 ran out of his room and threw the knife on the courtyard. Some of the accused persons chased him. He jumped in a pond and the accused persons started shooting towards him. He sustained bullet injury on the right side of lower abdomen. After crossing the pond he started running towards the house of one Sajahan Sk, their next door neighbor. One of the accused opened fire aiming at him. The PW 2 was removed to Diamond Harbour Hospital with injuries sustained on his body. A statement of PW 2 was recorded by Sri P.K. Mallik, Executive Magistrate, Diamond Harbour (PW 14) at the above hospital on the same day in presence of PW 15 and PW 19.