ASHIM KUMAR BANERJEE, J. - (1.) One Suresh Prasad Mahato lodged a complaint with the police on April 20, 2000 to the effect that at about 9.15 a.m on the said date when he was running his hotel the appellant suddenly came to his hotel and shot his abdomen with a fire arm. Such incident was witnessed by Gopinath, his hotel staff and other neighbouring people, who chased the miscreant. Later on, he was taken to S.S.K.M Hospital for treatment. As per the written complaint, Lalu, the appellant used to visit his shop along with his companions to threaten him for last few days. Even on the night prior to the date of the incident Lalu threatened him that he would shoot him and finish him off. In the morning he opened his hotel at 8.00 a.m. At about 9.05 a.m he found two friends of Lalu roaming in front of his shop. The incident happened after about ten minutes.
(2.) Altogether 7 witnesses were examined including two Doctors who treated the victim. P.W 1, the victim himself, almost corroborated what he had stated in his complaint. He identified the accused person on the dock. He was taken to Calcutta Hospital and thereafter shifted to S.S.K.M Hospital (P.G Hospital). According to him, less quantity of blood came out from the place of injury. He did not hand over the wearing apparels to the police. His shop was a small one having 4 ft. X 4 and ft having a cabinet of 2 and ft. According to him, on April 09, 2000 he intimated the police about the threat made by Lalu. He was inside the shop when he sustained the bullet injury. The assailant fired from a close range. He denied having stated to the Doctor that while walking he had sustained bullet injury.
(3.) P.W 2, Tarun Kumar Mahato, was an eyewitness. According to him, Lalu fired with a pistol from a close range and thereafter left the place leaving his slipper. He could not be apprehended despite a chase being made by the witness and others. He also deposed that there was no profuse bleeding.;