DIPAK SAHA RAY, J. - (1.) A common Judgment and order of conviction and sentence have been assailed in four criminal appeals. For the sake of convenience of discussion and arriving at a just decision, all the four appeals viz. CRA No. 146/195/261/268 of 2010 are taken up together.
(2.) THE aforesaid three appeals are directed against the Judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track, 5 th Court, Barasat, North 24 Parganas, in Sessions Trial No. 4(3) of 2008, arising out of Sessions Case No. 15(8) of 2007 under Section 302/120B/34 of the Indian Penal Code. The said case was started on the basis of a written complaint filed by one Sirajul Islam Molla, on 18.12.2002 before the Officer-in-Charge, Sandesh Khali Police Station., North 24 Parganas. The defacto complainant in his written complaint has alleged that on 18.12.2002 at about 7.30 p.m. he started proceeding towards the house of Haripada Ghosh from Bayarmari More after picking up Haripada Ghosh on his bike. At 7.30 p.m. suddenly three persons riding on a Motorbike came at a distance of half kilometer from Ghoshpara More and after overtaking their Motorcycle stopped in front of their Bike and kicked both of them. As a result, both of them fell on the ground along with the Motorcycle. Thereafter the said three miscreants shot at Haripada Ghosh thrice and fled away from the spot along Ghoshpara road which runs by the side of the house of Haripada Ghosh. It is further contended in the said written complaint that on hearing the cry of the defacto complainant, local people came at the spot and they took Haripada to Minakhan Hospital where the doctor declared him "brought dead ". On the basis of the said written complaint, Sandesh Khali Police Station Case No. 110 of 2002 dated 18.12.2002 under Section 302/120B/34 of the Indian Penal Code and Section 25(1)(a)/27 of the Arms Act was started.
(3.) POLICE investigated the case and after completion of investigation submitted charge sheet against four accused persons namely Ayub Ali Molla, Sirajul Islam Molla, Julfikar Jamadar and Jaherul Haque @ Boromia under Section 302/120B/34 of the Indian Penal Code.;