HARI NARAYAN SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY this appeal the appellant Harinarayan, assailed the judgment of conviction and sentence under Section 302 of Indian Penal code (hereinafter referred to as the IPC), whereby and whereunder the appellant has been sentenced to suffer rigorous imprisonment for life.

(2.) IT appears from the record this case was initiated on complaint made by Sekh sayed Asli being the son of late one Enamul sekh alias Haque, of village Tildanga within the jurisdiction of Farraka Police Station in district of Murshidabad against the accused appellant under Section 200 of the criminal Procedure Code in spite of lodging of FIR OC Government Railway Police azimganj refused to take action, hence a sessions trial case was initiated pursuant to above complaint. The allegations made in the complaint is as follows :

(3.) THAT the complainant and his deceased father on the date of occurrence that is on 2nd November 1993 at afternoon went to Tildanga Railway Station to avail of 418 up Mursidabad-Sahebganj passenger train for journey to Barharowa, and they were waiting with luggage of 15 kg wheat seeds at platform No. 1 whereat the above train was scheduled to reach. While they were waiting, the said accused demanded money for no reason, of his father for carrying wheat seeds, naturally his father refused to pay and oblige the accused. As such altercation between the appellant and his father ensued and in course thereof the accused used filthy languages in view of his father's refusal to pay money. After some time the appellant furiously opened fire from his service rifle he was carrying then to kill his father and having received gun shot injury his father fell down immediately. He opened fire successively three times. At that time the complainant and the people present there tried to rescue his father but their effort was frustrated as the accused shouted at them to retreat forthwith else threatened to open fire to kill them also. With fear they went to the station Master, and thereafter the Station master and those people present there with the complainant came back to the spot where his father was lying. Having seen them the appellant opened blank fire to chase them away. As a result neither the Station Master nor any of the above persons was able to reach at the spot where his father was lying. In the mean time the Village Pradhan and other villagers informed the Police Station and SDO, SDPO and BDO. On their arrival at the station and with their help the complainant along with other persons could reach to his deceased father and they found by that time his father was lying dead.