Kalidas Mukherjee, J. - (1.) This appeal is directed against the judgment of conviction and sentence passed by learned Sessions Judge, 5th Bench, City Sessions Court, Calcutta in Sessions Trial No.1, July, 2002 arising out of Sessions Case No. 56 of 2002 sentencing the accused to suffer imprisonment for life and to pay a fine of Rs.2,000/- in default to suffer RI for two months under section 302/34 of the Indian Penal Code. The learned Judge, however, acquitted the accused person of the the charges under section 307/34 of the Indian Penal Code.
(2.) The case of the prosecution, in short, is that one Butan Kahar lodged the FIR alleging that on 11.7.2001 at about 8.20 p.m. the incident took place. The informant is a 'darwan' of M/S. Aadarsh Enterprise at 18, Amratala Street, Kolkata - 700 007 under Burrabazar Police Station. When he sat in front of the said premises from the evening, he heard sounds of firing and saw one pedestrian, all on a sudden, to fall down on the road due to such firing. The injured sustained bleeding injuries on his chest. The informant also found that two other persons also sustained bleeding injuries and were lying on the ground. The miscreants were of middle age group and medium complexion and they were 4/5 in number and they fled away therefrom being armed with firearms and 'bhojali'. Police came to the spot. The informant came to know the second victim as Mahesh Gupta of P-120 of CIT Road, Kolkata and third victim as Mahesh Sharma of Belur, Howrah. The informant also came to learn from them that the name of the first victim was Lakshmi Narayan Rathi of 17/1A, Shibtala Street, Kolkata - 700 007. Police took the injured persons to the hospital in the van accompanied by a few local people. Lakshmi Narayan Rathi was declared dead at the Medical College & Hospital and the other two were admitted in the same hospital for treatment. The informant has also stated that he would be able to identify miscreants. The Burrabazar Case No. 167 dated 12.7.2001 was started and after completion of investigation the charge sheet was submitted against the appellant.
(3.) The learned trial Judge framed charges against the accused/appellant Md. Rashid Alam alias Gabbar under sections 302/34 and 307/34 of the Indian Penal Code. The charges were read over and explained to the accused persons who pleaded not guilty and claimed to be tried.;