Bhattacharya, J. - (1.) The hearing stems from an appeal preferred by convict Subrata Barman @ Goga against the judgment and his order of conviction and sentence passed on 22.09.2003 by Mr. Intaj AM Shah, learned Additional Sessions Judge, 3rd Court, Midnapore in Sessions Case No. 1/July/2003 arising out of G.R. Case No. 1392/2001.
(2.) The miniaturised version of the Prosecution is that Manas Chaubey, younger son of Ex. leader of C.P.I. and M.P. Narayan Chaubey was murdered in the open daylight on 27.06.1999 by some anti-social elements with the assistance of local mafia B. Rambabu, for which 15 persons along with the said B. Rambabu are facing trial in the Court of learned Additional Sessions Judge, and B. Rambabu and the people of his group became annoyed with the defacto-complainant's close friend Gautam Chaubey elder brother of Manas and used to threat him with dire consequences. On 11.09.2001 at about 8/8-30 p.m. as per previous talks with accused Satyen Singh, when the defacto-complainant along with Kamal Kundu, Shib Ranjan Mondal, Biswajit Adhikari, Tultul Chatterjee & Gautam Chaubey reached the den of Satyen Singh at Malancha Road near Parijat Sweetmeat Shop in scooter and motorcycles, Satyen Singh, Pappu Singh, Manu Singh, Luppi Singh & Bijoy Singh stopped them by waving hands. While Gautam asked Satyen as to the reason for calling them, B. Srinibas Rao @ Srinu-brother of B. Rambabu, Ranjit Ghosh, Prasad Tadi, Ashok Tadi, Khokan Das, K. Gopi and 4/5 others appeared there, and Satyen asked Gautam to come down as he had some important matters to discuss. Gautam on alighting from his motorcycle proceeded towards Satyen, when Satyen, Pappu, Manu, Luppi & Bijoy unitedly shouted "kill Salako" followed by surrounding him by Srinu, Ranjit, Shankar Rao, Prasad Tadi, Ashok Tadi, K. Gopi, Khokan Das and 4/5 others and firing him incessantly by rivolvers, gun etc. and his fall on the ground in bleeding condition. Satyen and the above-mentioned persons then shouted in chorus that they had finished Gautam and would new see who looks after the case of Manas Chaubey and gives evidence, and thereafter they left the place with their weapons. Kamal Kundu & Tultul Chatterjee received slight bullet injuries. The defacto-complainant conveyed the news to the victim's house as also Officer-in-Charge of the P.S.with the request to come to the P.O. The police came and took away the dead body of the victim. As there was no male member in the house of the victim and the defacto-complainant was busy in looking after the inmates of the victim's family. Due to common intention and conspiracy of B. Rambabu, accused Satyen Singh, Manu Singh, Pappu Singh, Luppi Singh, Bijoy Singh, B. Srinibas Rao @ Srinu, Ranjit Ghosh, Prasad Tadi, Ashok Tadi, K. Gopi, Shankar Rao & 4/5 others committed murder of Gautam Chaubey. Hence, while the above accused Subrata Barman @ Goga who was a long absconder was charged under Sections 302/120B & 302/34 I.P.C., 19 accused persons were previously convicted & sentenced and the balance 9 accused are still absconding.
(3.) The defence case, as suggested to P.Ws. and as contended by the above accused during his examination under Section 313 Cr. P.C. is that no such incident took place and he and a few other accused persons have been falsely implicated in this case due to professional animosity and as they could not oblige the O.P.;