ALOK KUMAR BASU, J. - (1.) Sanjay Sonkar @ Drum with Mahabir Singh faced charges under Section 302/34 of the IPC and also under Sections 3 and 5 of the Explosive Substances Act in connection with Sessions Trial No. 1 of 2004 arising out of Sessions Case No. 24 of 2002 before the learned Additional Sessions Judge, Fast Track Court, Bichar Bhaban, Kolkata and after conclusion of trial, both Sanjay Sonkar and Mahabir Singh were convicted under Section 302/34 of the IPC as well as under Sections 3 and 5 of the Explosive Substances Act and they were sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 5,000/- each in default to suffer rigorous imprisonment for two years each under Section 302/34 of the IPC and they were also sentenced to suffer rigorous imprisonment for three years each and to pay a fine of Rs. 1000/- each in default to suffer rigorous imprisonment for six months each for the offences under Sections 3 and 5 of the Explosive Substances Act.
(2.) Sanjay Sonkar preferred Criminal Appeal No. 5 of 2005 challenging his order of conviction and sentence and at the time of hearing of the appeal preferred by Sanjay Sonkar, it has been brought to our notice that Mahabir Singh another convict of the self same trial has also preferred Criminal Appeal No. 88 of 2006 challenging his conviction and sentences and we have taken that appeal of Mahabir Singh also for disposal along with the appeal preferred by Sanjay Sonkar since both the appeals arose out of the same judgment.
(3.) Sri Pratul Chandra Sarkar, the then S. I. Posta P. S. receiving an information on 14-10-2000 about serious injury of an unkown person due to bomb explosion in front of 'Ram Bhandar' at 276, Rabindra Sarani near Ganesh Talkies at 21.52 hours recorded G. D. Entry No. 1399 and left with his force towards the place of occurrence. Pratul Chandra Sarkar on his arrival in front of 'Ram Bhandar' met O. C. Jorabaga P. S. and also A. S. I. Bidyut Kr. Gupta and came to learn that an unkown person was found lying in front of 'Rarn Bhandar' with serious bleeding injuries on his person due to explosion of a bomb and O. C. Jorabagan P. S. already removed the said injured person to the hospital through constable Suresh Prasad Singh and Nirmal Singh of Jorabagan P. S.;