NEPAL BOURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has preferred this appeal assailing the judgment and order of conviction and sentence dated September 15, 2009 and September 16, 2009 respectively passed by the learned Additional District and Sessions Judge, Fast Track Court No. 4, Raghunathpur, Purulia in Sessions Trial No. 34 of 2007 arising out of Sessions Case No. 122 of 2007. By the impugned judgment appellant was convicted and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/- in default to suffer rigorous imprisonment for 6 months more for the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as IPC), rigorous imprisonment for 03 years and to pay fine of Rs. 5,000/- in default rigorous imprisonment for a further period of 02 months for the offence punishable under Section 25 of the Arms Act and rigorous imprisonment for 07 years and to pay a fine of Rs.1,000/- in default to suffer rigorous imprisonment for a further period of 03 months for the offence punishable under Section 27 of the Arms Act with a direction that all the sentences shall run concurrently and the period of detention undergone during investigation, inquiry and trial be set off as per provisions of Section 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) On December 29, 2006 at 18.15 hours P.W.18 received one telephonic information from one Kariram Das of village Mohuda that the appellant entered the house of P.W.1 and opened fire killing the minor child of P.W.1 aged about 3 1/2 years on the spot. On getting the said information P.W.18 diarized the same in the P.S. GDE book and proceeded to the place of occurrence. On reaching at the spot P.W.18 found a small boy lying on a cot and in a pool of blood on the floor of the courtyard. P.W.18 held inquest over the dead body of the child in presence of the witnesses and prepared the inquest report (Ext.2). During inquest he found bullet injury on the occipital region of the deceased and also found one 8 mm empty cartridge lying beside the body. The name of the appellant surfaced during inquest as the assailant.

(2.) P.W.1 submitted one written complaint (Ext.1) to P.W.18 at the place of occurrence alleging that on that date at about 4.30/4.45 hours appellant, over a previous grudge and quarrel over the incident of eating of paddy by a cow, entered into his house and while threatening him and his wife, brought out one revolver and suddenly opened fired. As a result, a bullet pierced into the mouth of his son Samir Kisku aged about 3 1/2 years standing in front of his wife and got out from back side of his head. As a result, his son died in the courtyard. P.W.18 sent the complaint to the P.S. through P.W.7 for starting a case and accordingly, on receipt of that complaint, P.W.8 started Neturia P.S. Case No. 33/06 dated December 30, 2006 under Section 302 IPC and under Sections 25/27 Arms Act against the appellant and informed him about starting of the case. On December 30, 2006, P.W.4 conducted postmortem examination over the dead body of the victim and during postmortem examination he found one entry wound, just lateral to right angle of mouth, exit wound middle of occipital region, intra cerebral hemorrhage and opined that death was due to shock and hemorrhage due to the above injury caused by a firearm, ante mortem and homicidal in nature.

(3.) P.W.18 who had already taken up investigation of the case after completion of the same submitted charge against the appellant under Sections 302 of the IPC and 25/27 of the Arms Act. On August 21, 2007 charges under Sections 302 IPC and 25/27 of the Arms Act were framed against the appellant and on his pleading not guilty to the charges, trial commenced.