RANJAN KARMAKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 11 July, 2008 passed by the Additional Sessions Judge, 2nd Court, Hooghly in ST No. 11(6)03/SC No. 63/99. The case was initiated against three accused persons namely, Black Cow @ Ranjan Karmakar, the present appellant, Ashim Majumdar and Upen Sarkar. They were charged with offences allegedly, committed u/s. 302 read with Section 34 of the Indian Penal Code (IPC) and under Sections 25/27 of the Arms Act. The learned Trial Judge found the appellant guilty of the charge punishable under Section 302 IPC. The other two accused persons were found not guilty of the charges brought against them and were acquitted.

(2.) The victim was one Birendra Nath Ghosh @ Biltey. The written complaint was filed by the brother of Biltey, viz. Abhoy Ghosh. The prosecution case on the basis of such written complaint is that Biltey and his friend Ram Krishna Giri were travelling on a scooter from Kaylaghat (near Jhautala Kalibari, Shibpur) towards Tribeni. Biltey was driving the scooter and Ram Krishna was riding pillion. When they were on Shibpur Main Road one person amongst 10/11 youths called Biltey by his name. Biltey stopped the scooter and got down from it. The appellant and the other two accused persons namely, Ashim and Upen started talking to Biltey. At that time, the appellant opened fire at Biltey who fell down on the road in bleeding condition. The three accused persons and 7/8 other youths fled by a motor operated boat (Bhutbhuti) towards Kalyani. Biltey was taken to Chinsurah Hospital immediately where he was declared 'brought dead' by the doctor who attended to Biltey in the emergency department.

(3.) The prosecution examined nineteen (19) witnesses, out of whom PW5, PW6, and PW13 are eye-witnesses. We have perused the entire evidence on record and we are of the considered view that the decision in this case would turn on evaluation/assessment of the evidence of the said three eye-witnesses.