DEBASISH KAR GUPTA , J. - (1.) These appeals are directed against judgment and order of acquittal dated December 6, 2014, passed by the learned Additional District and Sessions Judge, Fast Track Court-I, Howrah in Sessions Trial No.88 of 2012 acquitting the accused persons of the charge under Sections 302 / 120B of the Indian Penal Code (hereinafter referred to as I.P.C .) read with Section 25 (1) (B) (a) of the Arms Act. The former appeal bearing GA No.3 of 2015 is preferred by the State of West Bengal and the later one bearing CRA 688 of 2016 is preferred by the victim (widow of the deceased person). The facts of the case in a nutshell as under:-
(2.) On May 6, 2011, at about 9.15 hours one Tapan Dutta (the deceased person) of Paschim Santinagar went to Bally Police Station by riding a motorcycle bearing No.WB12 X6370. One Sri Bablu Prosad (PW 1) was the pillion rider of his motorcycle. After submitting an application for permission of a meeting of "Bally Jagacha Citizen Right and Protection Forum", scheduled to be held on May 11, 2011, he was returning back at about 21.45 hours. When he reached near Bally Bangasishu towards Ghoshpara, District-Howrah, near a pond by the side of level crossing 5/6 persons aged about 25-30 years wearing pant shirt and one of them wearing black ganji opened fire from their firearms aiming at the deceased person. The PW 1 immediately jumped from the motorcycle and began to run. The miscreants, after chasing him from a short distance fled away towards Ghoshpara old State Bank, Howrah. The deceased person sustained injuries and fell down on earth. He succumbed to those injuries at the place of occurrence. According to the post mortem report, the deceased sustained following injuries :- i) One lacerated injury 3 inch x 2.5 inch into brain in the right fronto temporal scalp with underlying piece meal fracture of right temporal and right part of frontal bone and partial extrusion of the brain matter ; ii) Scalp hematoma 3 inch x 2 inch of left partial scalp adjoining vertex ; iii) Scalp hematoma 3 inch x 2 inch over left occipital scalp adjoining mid line and vertex ; iv) One gunshot wound of entry 1.5 x 1.5 inch with abrasion collar of 2.5 mm at the upper pat placed over lateral aspect of right lower arm, 2.5 inch bellow elbow. One dissection seen to have piercing skin, fascia soft tissue fracturing piece meal the right radius bone and finally with an exit wound ? inch x ? inch over right medial lower arm 4 inch bellow elbow ; v) One gunshot wound of entry 3 inch bellow injury No.4 in the same direction and parallel to injury No 4 and finally making exit wound 7 inch bellow elbow on the medial aspect of right lower arm ; vi) One gunshot wound of entry 1/2 inch by 1/2 inch over upper right lower leg, 4 inch bellow knee joint. On dissection seen to have passed among horizontally fracturing piece meal the right tibia at corresponding level and ricocheting upwards to the medial thigh from where a bullet (deformed) was recovered; vii) One gunshot wound of entry over right lower lateral chest wall with abrasion collar right more than left ? inch x ? inch, 7 inch right of mid line and 2 inch above costal marring. On dissection the track passes through skin, intercostal muscle then piercing diaphragm then the whole left of liver and finally passing out from the lest anterior lower chests wall as exit wound between 8 and 9 ribs closes to costal margin ; viii) One gunshot wound of entry measuring 1/2 x 1/2 inch over posterior lateral right chest wall between 3rd and 4th rib, track seem to have pierced skin, fascia right lungs with pleura, heart, left lung with pleura, left lateral chest wall and coming out as exit wound ? inch x ? inch over left anterolateral chest wal 4 inch bellow left anterior axillary fold ; ix) One gunshot wound of entry over lateral aspect of the right upper arm on dissection seen to have gone deep up to left humeral head ; x) Abrasion 1 inch x 1 inch over right anterior upper chest wall adjoining mid clavicle ; xi) Abrasion 1 inch x 1 inch over right interior upper abdomen 1 and 1/2 inch bellow right costal margin.
(3.) According to the opinion of the doctor, the injuries show vital reaction and the death was due to the gunshot injuries as noted above, ante mortem and homicidal in nature.;