MD. AINUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These appeals have been preferred by the appellants assailing the judgment, order of conviction and sentence dated July 11, 2008 passed by the Ld. Additional District and Sessions Judge, Fast Track Court-III Barrackpore, North 24 Parganas in Sessions Trial No. 26(7)06 arising out of Sessions Cases No. 22(3)06. By virtue of the impugned judgment appellants were convicted for commission of the offence punishable under Sec. 302 of the Indian Penal Code read with Sec. 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. 10,000.00 each in default to suffer further rigorous imprisonment for 2 years each with a direction for set off as per provisions of Sec. 428 of the Code of Criminal Procedure (hereinafter referred to as Cr. P. C.). Appellant Md. Ainul was, however, acquitted from the charges punishable under Sec. 25(1)(a)/27 Arms Act.

(2.) The case of the prosecution, in brief, is that on Nov. 19, 2005 at about 10 p.m. four L.P. Lorry loaded with buffalos while proceeding towards Indira Colony along RN Thakur Road for delivery of the buffalos to P.W.1 stopped near a Vat on RN Thakur Road for unloading the buffalos. At that time appellants came there and demanded money from the drivers of those lorries to which they expressed their inability to pay. In the meantime, two of the drivers reported the matter to Md. Bhola, the victim. Accordingly Md. Bhola, the victim, along with P.W.1, P.W.2, P.W.4 and Md. Ijahar went there and told appellant Md. Ainul not to do this as they both deal in buffalos otherwise buffalo business will be stopped. Then an altercation took place between Md. Bhola, the victim and Md. Ainul, the appellant, and in course of altercation appellant Md. Ainul fired at the victim in his abdomen and thereafter all the appellants fled away therefrom. Victim was rushed to the R. G. Kar Hospital and a written complaint (Ext.1) was lodged.

(3.) On the basis of the above written complaint of P.W.1 scribed by P.W.9, received by P.W.14 on the same night was forwarded to the IC Belghoria P. S. through constable c/2025 Nemai Dhibar for starting a case. It was received at the Belghoria P.S. on the same night at 215 hours and a Belghoria P.S. Case No. 215 dated Nov. 19, 2005 was started against the appellants under Sec. 326/307 Penal Code and 25/27 Arms Act and the case was endorsed to P.W.14 for investigation.