Mir Dara Sheko, J. - (1.) Heard Mr. De, learned advocate appearing for the appellant assisted by Mr. Karati. Heard also Mr. Ghosh learned senior Government advocate assisted by Mr. De.
(2.) The appeal has been directed by the sole appellant/ convict, who will hereinafter called on only as the appellant, assailing the judgment and order of conviction and sentence dated 4th December, 2008 delivered by learned Additional District & Sessions Judge, 2nd Fast Track Court, Hooghly in Sessions Trail No.24/05 arose out of Sessions Case No.172/05 (State vs. Puchai Das @ Dipankar Das), where charge though was framed against the appellant for the offence punishable under section 302 of I.P.C. and 27 of the Arms Act on 9th November, 2005 but on conclusion of trial the appellant was held guilty only for the offence under section 302 of I.P.C. The order of sentence imposed thereunder is set out:- " that convict Dipankar Das @ Puchai is sentenced to suffer life imprisonment (R.I.) and to pay fine of Rs.5,000/- (Rupees five thousand only) in default to suffer for R.I. for one year more, for the offence u/s 302 of I.P.C. He is acquitted from the charge u/s 27 of the Arms Act. The above sentenced is thus delivered and pronounced in open Court before the convict abovenamed, his Ld. Adv. and Ld. P.P.I.C. u/s.235 (ii) Cr.P.C. * The period of detention in J/C, if any, shall be set off u/s 428 of Cr.P.C. * Case alamats shall be disposed of after lapse of appeal period as per provisions of law. * Copy of judgment be given to the convict u/s 363 (I) of Cr.P.C. free of cost without delay. * Certified copy of judgment be given to the convict u/s 363 (ii) or Cr.P.C. free of cost subject to proper application thereof. * Jail Warrant be issued accordingly."
(3.) Prosecution case as per the charges, is that the victim Sougata Roy aged about 22 years on 2nd September, 2002 at about 8-45 hrs while had come out of his house to attend nature's call, he was gunshot by the appellant namely, Puchai @ Dipankar Das, as a result of which said Saugata Roy received bullet injury on his forehead. Though he was brought to the hospital immediately after the occurrence for treatment but he succumbed to his injury.;