- (1.) THIS appeal is directed against the judgment and order of conviction dated. 31. 7. 1990 passed by the learned Additional Sessions Judge, 1 st Court, Midnapore in Sessions Trial Case No. IV of December, 1989 arising out of G. R. Case No. 78 of 1984 by which the appellant was convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal code. The appellant was heard on the question of sentence and thereafter by an order passed on the same date that is on 31. 7. 1990, he was sentenced to suffer imprisonment for life.
(2.) BEING aggrieved by the orders of conviction and sentence passed by the learned Trial Court, the appellant has preferred the present appeal.
(3.) PROSECUTION version as unfolded during trial in a nutshell is as follows: -In the night of 29/30. 1. 1984, some miscreants drove to the hotel of Suresh chandra Biswas (P. W. 1), father of the deceased at Purba-Srikrishnapur within the limits of Sutahata Police station, Midnapore and demanded food and drink. Since the hotel business was closed, they could not. be obliged and this very much infuriated the miscreants. They left for another hotel. Later, at the barking of dogs, P. W. 1 woke up, opened the door and saw some unknown miscreants there who were shouting as to why food and drink were not supplied. The miscreants then started firing and injured P. W. 1 and thereafter shot the son of p. W. 1, the deceased Subrata Biswas, which resulted in his death instantly. The incident was watched by the mother of the deceased (P. W. 2) and the younger sister of the deceased, namely, Sujata (P. W. 3), who during the course of trial was tendered only by the prosecution for cross-examination. Some neighbours later came to the house of P. W. 1 to whom P. W. 1 reported the incident. Sometimes after, Sukdeb Ghosh (P. W. 5), the owner of the "ma kali" Hotel situated slightly on the western side of the hotel of P. W 1 came to the house of P. W. 1 and told that she knew Pran, driver of the ambassador car who along with three others came to his hotel and there were other persons ajso in the car. There was positive assertion by P. W. 1 against one Charu chandra Das, a neighbour of P. W 1, who was alleged to have conspired with the miscreants to kill him and his son.;