MANOJ BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, Fast Track 1st Court, Asansol in Sessions Trial No. 26 of 2001 arising out of Sessions Case No. 125 of 2001 sentencing thereby the appellant to suffer imprisonment for life under Section 307/341 of the Indian Penal Code. The information was lodged by the victim Md. Mokim. It has been alleged that on 29.1.1994 at about 8.00 P.M. the informant was returning with his hand driven cart through the Monoharbahal Chakballavpur Road. When he crossed Chakballavpur Colliery, three persons intercepted him and demanded money from him. The informant disclosed that he had no money, but, they detained him. One of the persons disclosed his name as Manoj Biswas. Around 11.00 p.m. the informant tried to run away from that place and the accused Manoj pointed his gun at the informant and fired a shot. It struck on the right side of his neck. The informant fled away and reached his residence. He narrated the incident to Salauddin @ Bhola of Kasai Mohalla who took him to the hospital and the informant was admitted there.

(2.) After receiving the complaint, the Asansol (N) P.S. Case No. 17 of 1994 was started and after completion of investigation charge sheet was submitted.

(3.) The charge was framed under Sections 341, 307/34 of the Indian Penal Code to which the accused pleaded not guilty and claimed to be tried.