- (1.) THESE appeals are directed against judgment and order dated April 25, 2006 and April 26, 2006 respectively passed by the learned Additional Sessions Judge, Tenth Court at Alipore, District 24 Parganas (South), in Sessions Trial No.2(7) of 2001.
(2.) ONE Biswajit Halder, son of Sudangshu Halder, a resident of 13, Bowli Mondal Road, Kolkata 700 026, lodged a written complaint with Charu Market Police Station that on October 2, 2000 at about 6. 30 a.m when he was brushing his tooth on the verandah of their house, his brother Surojit Halder alias Suro was standing by his side. At that time, three persons, namely, Bhombal Chatterjee alias Dipak, Dom Prodip alias Prodip Mallick and Ratan arrived in front of their house and called Surojit to come down as they had some business with him. Biswajit Halder went inside of the house to put his dress, but when he again came to the verandah, he could not find his brother, Surojit, in the home. He got suspicious and called Ganesh Chakraborty, the prosecution s witness no.4 and Khokan Halder, the prosecution s witness no.5 and with them went to search Surojit. They noticed that the accused persons along with the victim, Surojit, were proceeding towards fruit market in Tollygunge side. All on a sudden there were some hot exchange of words between the accused persons and Surojit and the accused Bhombal Chatterjee alias Dipak took out a pistol from his waist and shot at Surojit from point blank range. Surojit fell down on the ground. Biswajit and his associates raised alarm. Dom Pradip pointed out a revolver to them and threatened them not to move from the place. Thereafter, the accused persons left the place. Biswajit took Surojit to hospital. Surojit gave statement to the attending physician at the emergency ward that he was shot at by Bhombal Chatterjee alias Dipak. Subsequently, Surojit succumbed to his injury.
(3.) CHARU Market Police Station case no.149 dated October 2, 2000 was registered. The accused/appellants were charged under Section 302 read with Section 34 of the Indian Penal Code as, also, under Sections 25 and 27 of the Arms Act. The prosecution s witness no.3, Biswajit Halder, the prosecution s witness no.4, Ganesh Chakraborty and the prosecution s witness no.5, Khokan Halder, were eyewitnesses to the incident. They have categorically narrated the incident that Dipak Chatterjee alias Bhombal shot at Surojit in front of Saraswati Mulibansh shop, 93 A, Tolligunge Road, Kolkata 26.;