Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 11.09.2002 passed by the learned Additional Sessions Judge, First Court, Hooghly in Sessions Trial Case No.01 of 2001 convicting the appellant for commission of offences punishable under Sections 302/307 of the Indian Penal Code and sentencing him to suffer R.I. for life and to pay a fine of Rs.25,000/- and in default of fine to suffer further R.I. for two years more for the offence punishable under Section 302 of IPC. No separate sentence was awarded in respect of Section 307.
(2.) Prosecution case as alleged against the appellant is to the effect that on 16.10.1993 around 12 noon one Gopal Sharma, P.W.1 was in his saloon at B.M. Road, Champdani, under Bhadreswar P.S. At that time, Nareh Gupta, P.W.5 was unloading briquettes from a lorry. One Rajesh was also there. Appellant who has also a resident of B.M. Road came in front of his saloon and threw a bottle bomb towards Suresh Gupta (brother of P.W.5) which did not burst. Thereafter appellant threw another bomb which caused injuries on Suresh as well as upon Gopal. Rajesh also sustained injuries. Then the appellant fled away. P.W.5 came to the spot and hired a rickshaw van and took Suresh and Gopal to Champdani main road and from there the injured persons were taken in an ambulance to Chandannagar S.D. Hospital. Suresh was declared dead. On the statement of Gopal Sharma, Bhadreswar P.S. case no.236 dated 16.10.1993 under Section 326/307/302 of IPC and under Section 9 (b)(ii) of the Indian Explosives Act was registered for investigation. In conclusion of investigation, charge sheet was filed against the appellant and the case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge for trial and disposal. Charges were framed under Sections 307/326/302 of the Indian Penal Code against the appellant and the same was read over and explained to him. The appellant pleaded not guilty and claimed to be tried.
(3.) In the course of trial, prosecution examined 15 witnesses and exhibited a number of documents to prove its case.;