PRASANTA BAURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 11. 03. 2005 passed by the learned Additional Sessions Judge, 2nd Court, Suri in Sessions Case No. 41 of 2002 convicting the appellant for commission of offence punishable under section 302 of the Indian Penal Code and sections 25/27 of the Arms Act and sentencing the appellant to undergone imprisonment for life and to pay a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for three months for the offence under section 302 of the Indian Penal Code and to undergo rigorous imprisonment for one year for the offence punishable under section 25 of the Arms Act and to undergo rigorous imprisonment for one year for the offence under section 27 of the Arms Act and to pay fine of Rs. 1,000/-, in default, to suffer simple imprisonment for three months more, all the sentences to run concurrently.

(2.) The prosecution case, as alleged, against the appellant is to the effect that on 1 11. 1998 at about 10 a. m. the victim Sukumar Mete was repairing his cycle in the cycle repairing shop of Prafulla Garai near Dharmashala. At that time the appellant came to the said spot and shot at the victim from a pipe gun. Subsequently, the appellant went to the police station and surrendered himself with the weapon of offence at the said police station. Over this issue, the bother of the appellant, namely Sukhen Mete, P. W. 1 lodged first information report resulting in registration of Dubrajpur P. S. Case No. 104 of 1998 dated 1 11. 1998 under section 302 of the Indian Penal Code and sections 25/27 of the Arms Act against the appellant.

(3.) In the course of investigation sanction for prosecution was obtained and charge sheet was filed against the appellant. The case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, 2nd Court, Suri for trial and disposal.