- (1.) THIS appeal arises out of an order dated 29th january, 2003 passed by Mr. P. S. Banerjee, sessions Judge, 3rd Bench, City Sessions court, Calcutta, in Sessions Trial No. 1 (May)/02 arising out Sessions Case No. 31 /2002 convicting the appellant under Section 307 read with Section 34 and Section 332 read with Section 34 of the Indian Penal Code.
(2.) ON 25th July, 1996 at about 8 a. m. in the morning P. W. 1 S. Sakelur Rahman, s. 1 of Park Street Police Station accompanied by three constables, set out from the park Street Police Station for working out an information concerning two notorious criminals namely Rashid Alam @ Gabbar and Junior. P. W. 1 recorded a diary, marked exhibit 3 which reads as follows :- "leaving P. S. along with Constables C. Singh No. K-65, Ekhlaque Ahmed Khan K-30, rajnath Murmu K-40 for working out an information at Royd Street in connection with notorious anti-socials Gabbar and Junior. "
(3.) AT 9. 55 a. m. the police party comprising of p. W. 1 Rahman, P. W. 2 Chiteswar singh, P. W. 3 Aklat Ahmed Khan and P. W. 7 rajendra Nath Murmu, noticed that a scooterist dropped the accused Junior and gabbar and thereafter sped away. Both the accused were chased by the police party. The accused were armed with revolvers and bombs. The accused Gabbar threatened the police party to retreat or else he would finish them by throwing bombs. The accused, as a matter of fact, hurled a bomb which exploded. The other accused Junior was carrying a black bag containing bombs. He hurled the bag at the police party. The bag containing bombs exploded and in the process injured the accused Junior himself and the P. W. 7. A huge smoke was created. The accused Gabbar taking advantage of the smoke escaped from the place of occurrence. The accused Junior was overpowered and disarmed. Both the accused Junior and the p. W. 7 were taken to hospital. P. W. 7 was released after first aid. The accused Junior remained in the hospital as an indoor patient and was released on 12th September 1996. The accused Junior thereafter, absconded and according to the police he is now in Arab countries. The accused Gabbar was subsequently arrested and tried for the charges under Sections 307 and 332 read with Section 34 of the Indian Penal Code. The learned Trial Judge found the accused rashid Alam @ Gabbar guilty under both the charges. The learned Trial Judge sentenced the accused Gabbar to suffer imprisonment for a period of two years for the offence punishable under Section 332 read with Section 34 of I. P. C. as also to suffer life imprisonment and to pay a fine of Rs. 1000/-for the offence punishable under section 307 read with Section 34 of I. P. C. , in default to suffer rigorous imprisonment for further one year. Both the sentences were directed to run concurrently. The convict has now come up in appeal.;