DEBASISH KAR GUPTA ,J. - (1.) This appeal is directed against conviction of the appellant for commission of offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentence to suffer rigorous imprisonment for life as also to pay a fine of Rs.5000/ - in default to suffer rigorous imprisonment for six months passed by the learned Additional Sessions Judge, Fast Track Court, First Court, Baruipur, South 24 -Parganas in S.T. 2 (8) of 2004 arising out of S.C. 43 (7) of 2004. The prosecution case in a nutshell is as follows: - On June 13, 2003 at about 2 p.m. a quarrel took place in between Madan Sardar (the deceased) of Purba Rupnagar, Police Station -Joynagar, District -South 24 -Parganas and his younger brother Mohan Sardar (the appellant) at their dwelling house arising out of refusal on the part of the appellant to hand over the possession of a land to the deceased which he had purchased from the appellant. After bathing, the deceased went to kitchen for taking lunch. At that time, the appellant opened fire from his gun aiming at the deceased through a small window of his (appellant's) room. The deceased fell down on the ground sustaining bullet injury. He was first brought to Jalaberia More by the PW 1 (widow of the deceased) and PW 5 (younger son of the deceased) on a van of PW 11. Then he was brought to Joynagar Rural Hospital by PW 1 and PW 5 in a motor vehicle at about 15.05 hours. He was declared dead by the doctor.
(2.) On receipt of an information from the medical officer of the above hospital at Kultuli police station, South 24 -Parganas with regard to unnatural death of a person on the same day, i.e. June 13, 2003, Sri Suklal Ray (PW 19) went to the aforesaid hospital after initiating Kultali P.S. U.D. Case No.11 dated June 13, 2003, at 20.30 hours as per direction of the Officer -in -Charge, Kultali Police Station. He held inquest on the dead body of the deceased. Thereafter, he sent the dead body to Mominpur Morgue through a constable Ramesh Chandra Dhali (PW 15). In the meantime, on June 13, 2003, at about 18.03 hours an information was received in Joynagar Police Station, District -South 24 - Parganas, over telephone from an unknown person that a person named Madan Sardar had received bullet injury and his condition was critical. After noting down the above information in the General Diary under Entry No.1081 dated June 13, 2003, the Officer -in -Charge, Joynagar Police Station and PW 20 arrived at the village - Purba Rupnagar at 16.55 hours along with force. They came to know from the PW 1 that the appellant had opened fire from his gun aiming at the deceased and he succumbed to such bullet injury on his chest.
(3.) On June 13, 2003 at 17.45 hours the PW 20 received a written complaint from the PW 1 in course of his investigation at Purba Rupnagar. One Kamal Kanta Mondal scribed the above written complaint. On receipt of the above written complaint formal FIR bearing Joynagar P.S. Case No.99 dated June 13, 2003 was drawn at 21.05 hours by the PW 16 after making entry bearing No.1096 in the General Diary. The PW 20 got instruction from the Officer -in -Charge, Joynagar Police Station to conduct investigation. During investigation, the PW 20 prepared rough sketch map of the place of occurrence with an index. He seized some blood stained earth, natural soil from the place of occurrence and prepared seizure list of the same. Thereafter, he went to the Joynagar Rural Hospital. After examining the PW 8 (the doctor of the aforesaid hospital) as also collecting relevant medical report, he returned back to the Joynagar Police Station. He further collected the papers relating to the aforesaid Kultuli P.S. U.D. Case No. 11 dated June 13, 2003, from the Police Station concerned. But the aforesaid seized articles were not sent to Forensic Laboratory for examination. The appellant could not arrest him because he was absconding.;