Arun Kumar Bhattacharya, J. - (1.) The present appeal is directed against the judgment and order of conviction and sentence passed by the ld. Sessions Judge, 5th Bench, City Sessions Court, Calcutta in Sessions Case No. 34/83 (S.T. No. 1 of June, 1984) on 02.04.85.
(2.) Shortly put, the prosecution case is that on 03.08.79 at about 7.30 p.m. the de facto complainant Paltu Seth, (P.W. 1) being accompanied by his friend victim Laloo Seth (P.W. 9) came via Hatibagan Market in front of the tea stall of one Debi Dayal Seth (P.W.3) at premises No. 156/5, Acharya Prafulla Chandra Road and at about 8.00 p.m. when he was proceeding towards the lane to go to his in-law's house in the upper floor of the said premises and Laloo was standing near the said tea stall, on hearing a row he looked back and found accused Bhupendra Singh @ Pappu assaulting Laloo with a nepala on his head, right chest and left thigh, for which he fell down on the ground. Accused Paresh Singh @ Jhatua then assaulted him with a r; zor on his back and accused Kartick Shaw @ Nebulal fired twice from his revolver aiming towards him. When Laloo started running towards Nandan Bagan Lane, Nebulal again fired towards him and thereafter all the accused persons along with others fled away towards Hari Saha Market. On hearing the row of the complainant the parents of Laloo and others came there. The victim was removed in a taxi to Medical College and when Laloo was being treated in the operation theatre, a police officer came there and recorded his statement.
(3.) The defence case, as suggested to P. Ws. 4 & 9 and as contended by the accused during his examination under section 313 Cr. PC is that the victim was not assaulted by accused Jhatua.;