ASHA ARORA, J. - (1.) The subject of challenge in this appeal is the judgment and order of conviction and sentence dated 18.09.2003 and 19.09.2003 passed by the learned Additional Sessions Judge, Fast Track Court, Sealdah, South 24 Parganas in Sessions Trial No. 17(3) of 2002 arising out of Sessions Case No. 15(2) of 2003 whereby the appellant/accused Langra Guddu @ Md. Ekbal was convicted for the offence punishable under Section 307 of the Indian Penal Code (hereinafter referred to as the IPC) and sentenced to suffer rigorous imprisonment for 10(ten) years and to pay a fine of Rs.3000/ - in default of which to suffer rigorous imprisonment for 6 (six) months for the aforesaid offence. The appellant/accused was however acquitted of the charge for the offence punishable under Section 25(1B)(a) and 27 of the Arms Act.
(2.) Bereft of unnecessary details the prosecution version is as follows: On 29.10.2002 at about 11:30/11:35 a.m. when the victim/complainant Subhas Agarwal was sitting in his shop at 4/1 Chatubabu Lane, the appellant Langra Guddu and Chorta Munna along with some others came to his shop. With a pistol in his hand the appellant instructed the complainant to accompany them and threatened that if he did not do so they would kill him. Due to fear the complainant/victim went to the adjacent grocery shop of Bijoy Gupta being followed by the appellant and his associates. As soon as the complainant entered the shop of Bijoy Gupta the appellant held the pistol on his head whereupon the complainant sat down. The appellant then aiming at the victim's head fired from the pistol in consequence of which the bullet hit the victim's left knee. Thereafter the appellant and his associates fled away. The victim was immediately taken to the hospital by the local people.
(3.) On the basis of the statement of the victim recorded by S.I. Sushil Kumar Chowdhury (P.W.23), Entally P.S. Case No. 312 of 2002 dated 29.10.2002 was registered under Section 307/34 of the IPC and 25(1B)(a)/27 of the Arms Act against the appellant/accused Langra Guddu and Chorta Munna. Investigation into the case culminated in the submission of the Charge Sheet under Section 307 of the IPC against the appellant/accused Langra Guddu. After receiving the opinion of the Arms Expert a supplementary Charge Sheet was filed by the Investigating Officer under Section 25(1B)(a)/27 of the Arms Act against the aforesaid appellant/accused. The case being a Sessions triable one was committed to the Court of the Sessions Judge, Alipore, South 24 Parganas wherefrom the case was transferred to the Court of the Additional Sessions Judge, Fast Track Court, Sealdah, South 24 Parganas for trial and disposal. Charge was framed against the appellant/accused for the offence punishable under Section 307 of the IPC and under Section 25(1B)(a) and 27 of the Arms Act. The appellant/accused pleaded not guilty to the indictment and claimed to be tried. In course of trial prosecution examined as many as 23 witnesses and exhibited several documents. The defence of the accused/appellant was complete innocence, denial of the prosecution story and false implication. After conclusion of the trial, the learned Trial Judge, by the impugned judgment and order convicted the accused/appellant for the offence punishable under Section 307 of the IPC and sentenced him to suffer rigorous imprisonment for 10(ten) years and to pay a fine of Rs.3,000/ - in default of which to suffer rigorous imprisonment for another 6 (six) months for the aforesaid offence. The accused/appellant was however acquitted of the charge for the offence punishable under Section 25(1B) (a)/27 of the Arms Act on the ground that no sanction was obtained from the appropriate authority as required under Section 39 of the Arms Act.;