PROSENJIT MOLLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeal is directed against the judgment and order dated 16.12.2015 and 17.12.2015 passed by the learned Additional Sessions Judge, Nadia, 2nd Court, Krishnagar, in Sessions Trial No.III(II) of 2015 corresponding to Sessions Case No.4(02) of 2015 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of Rs.50,000/-, in default, to suffer rigorous imprisonment for a further period of one year.

(2.) The prosecution case, as alleged against the appellants, is to the effect that on 24.10.2014 at about 08.30 p.m. people were dancing in front of a Kali puja pandal. At that time, the appellant along with one Somnath Mallick and Subir Biswas came to the spot. The appellant had a socket bomb in his hand. Shibu Pal (P.W.3) requested him to leave the place. Consequentially the appellant got engaged and abused him with filthy language. Thereafter, he threw the bomb resulting in severe bomb blast injuries on Uttam Sikder @ Uttam master, Shibu Pal (P.W.3) and Biswanath Mondal (P.W.13). Shibu and Biswanath were treated at Saktinagar Hospital and discharged while Uttam succumbed to his injuries. Over the incident uncle of the deceased, Madanmohan Mondal (P.W.1) lodged written complaint resulting in registration of Kotwali P.S. case No.864/14 dated 24.10.2014 under section 302/34 of I.P.C. Prior to the registration of F.I.R., B.K. Paul (P.W.14), officer-in-charge of Gangnapur P.S. had apprehended the appellant and his associates on a motorcycle and such arrest was also diarized.

(3.) In conclusion of investigation, charge-sheet was filed against the accused persons and the case was committed to the court of sessions and transferred to the Court of learned Additional Sessions Judge, Nadia, 2nd Court, Krishnagar for trial and disposal.