RANJAN SHARMA @ BUBAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of challenge in these appeals are the judgment, order of conviction and sentence dated February 28, 2014 and March 3, 2014 respectively passed by the Additional District and Sessions Judge, Fast Track Court -VI, Alipore, South 24 -Parganas in ST No. 1(6)2008 arising out of Sessions Case No. 62(2) 2008. By virtue of the impugned judgment all the appellants were convicted for commissioning of offence punishable under Sections 364/302/34 of the Indian Penal Code (hereinafter referred to as IPC) and were sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 2000/ - each in default to suffer rigorous imprisonment for one year for the offence punishable under Section 302 IPC and rigorous imprisonment for 10 years and to pay fine of Rs. 1000/ - each in default to suffer rigorous imprisonment for one year for the offence punishable under Section 304 IPC.

(2.) Appellant Rabi Das @ Rabi (appellant in CRA No. 285 of 2014) was also convicted for commissioning of the offence punishable under Section 25(1b)(a)/27 Arms Act and was sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs. 1000/ - in default to suffer rigorous imprisonment for one year for the offence punishable under Section 25(1b)(a) of the Arms Act and rigorous imprisonment for three years and to pay fine of Rs. 1000/ - in default to suffer rigorous imprisonment for one year for the offence punishable under Section 27 Arms Act. All the sentences were directed to run concurrently.

(3.) The genesis of the case is the statement of Buddha Das (PW3), maternal uncle of the victim Bapi Das @ Lalo, made on November 28, 2007, before S.I. R.K. Sinha ( I.O.), which is discussed in a nutshell as under: - On November 28, 2007 in the night at about 12.30 hours, PW3 saw an altercation and scuffling was going on in between his nephew Bapi Das @ Lalo and two unknown persons near his house on Kalighat road in front of Sulabh Souchagar and his elder sister Bishakha Das was shouting and trying to stop that quarrel. In the meantime, police came there and stopped the quarrel and took those two unknown persons, who disclosed their name as Gutke and Rajib Sinha, to the police station. They, thereafter, returned back to their house with Lalo.