ALok Kumar Basu, J - (1.) The State of West Bengal preferred this appeal challenging an order of acquittal passed by the learned Additional Sessions Judge, 5th Court at Barasat in the District of 24-Parganas (N) in connection with Sessions Trial No. 9(9) of 2001 corresponding to Sessions Case No. 13(12) of 2000. Subsequent to the filing of this appeal by the State of West Bengal, a Revisional Application being C.R.R. No. 2263 of 2002 was also filed challenging the order of acquittal and the file of the said revisional application has been placed along with the present criminal appeal and we shall dispose of both the appeal and the revisional application simultaneously.
(2.) The Sessions case in question arose out of Naihati P.S. Case No. 99 dated 16th June, 2000 under Section 302/34 of the I.P.C. and also under Sections 25/27 Arms Act. The concerned Naihati P.S. case was started on the basis of a written complaint lodged by the one Sandeep Ghosh alleging inter alia that on 16th June, 2000 at about 4.50 in the afternoon when he was in his medicine shop situated at R.B.C. Road, Naihati, he noticed Anjan Dasgupta and Biswanath Paul to get down from one Maruti Gypsy vehicle near branch office of CPI (M) party and instantaneously four unknown persons came there riding on two bicycles and under instruction of Anjan Dasgupta and Biswanath Paul one person from those four persons shot at Debal Ghosh who was inside the said party office. After the shooting at Debal Ghosh those four persons leaving behind their bicycles boarded on the standing Maruti vehicle and the vehicle hurriedly proceeded towards Garifa. It was also disclosed in the complaint of Sandeep Ghosh that Sintu @ Saroj Roy was also found in the said Maruti vehicle along with some others and Bhola Kundu was owner of one of the bicycles which was left on the spot by the miscreants.
(3.) Debal Ghosh was immediately taken to a nearby Nursing Home where he was pronounced dead.;