ASHIM SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The two appeals CRA 139 of 2007 and CRA 159 of 2007 have been preferred against the judgement and order of conviction dated 7.2.2007 and sentence dated 9.2.2007 passed by the learned Additional District & Sessions Judge, 12th Court, Alipore, 24 Parganas South, in Sessions Trial No.01(04) 2004 arising out of S.C No.95 (01) 2004 in connection with B.G.R. Case No.2582/2001 corresponding to Sonarpur P.S. Case No.174/2001 dated 7.8.2001, wherein, the learned Trial Court was pleased to convict the appellants under Section 148 of the Indian Penal Code, Section 307 read with Section 149 of the Indian Penal Code, and Section 302 read with Section 149 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for two years and pay fine of Rs. 1000/- (One Thousand) i.d. to suffer rigorous imprisonment for two months for offence punishable under Section 148 of the Indian Penal Code; further sentenced them to suffer rigorous imprisonment for seven years and to pay fine of Rs. 1500/- (One Thousand Five Hundred) i.d. to suffer rigorous imprisonment for six months for offence punishable under Section 307 read with Section 149 of the Indian Penal Code; further sentenced them to suffer imprisonment for life and to pay fine of Rs. 2000/- (Two Thousand) i.d. to suffer rigorous imprisonment for six months for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code.

(2.) The prosecution case was initiated on the basis of a written complaint filed by one Dulal Sanpui (PW-2) with the officer-incharge Sonarpur Police Station to the effect that on 6.8.2001 at about 7 pm when he was sitting at a bench in front of Kathpol Trinamool Congress Party office, he saw that Ashim Sarkar, Gour Mandal, Naru Saha, Bibhas and another four persons coming from Sonarpur side and entering inside Kathpol Trinamool Congress Party office. He further alleged that Jyotish Sardar and Netai Naskar (PW-1) sustained bullet injuries on being fired by the aforesaid persons who thereafter continuously went on hurling bombs and firing from their revolver, the local residents as a result scattered in all directions out of panic and the miscreants proceeded towards Sonarpur and on the way they shot Niranjan Sardar and also stabbed him with a dagger. The miscreants thereafter fled away through the crossing of Padma Madhu by hurling bombs.

(3.) On the basis of the aforesaid complaint, Sonarpur P.S. case no.174 dated 7.8.2001 was registered for investigation under Sections 148/149/326/307/302 of the Indian Penal Code and Sections 25/27 of the Arms Act and Section 9 (b) of I. E. Act. The case was endorsed to PW 12 for investigation. Thereafter, the investigating officer (PW-12) on completion of investigation submitted charge-sheet under Sections 148/149/326/307/302 of the Indian Penal Code on 30.9.2002.